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The Power of Bankruptcy Discharge to Reclaim Your Financial Freedom

The Power of Bankruptcy Discharge to Reclaim Your Financial Freedom

A bankruptcy discharge is a court order that releases a debtor from personal liability for certain types of debts. This means you are no longer legally required to pay any debts that have been discharged. The discharge typically occurs at the end of a bankruptcy case, whether it's a Chapter 7 liquidation or a Chapter 13 reorganization.

Despite the discharge, some individuals may still encounter debt collectors attempting to collect on discharged debts. This is often due to errors or miscommunication, but it's essential to know your rights and how to respond effectively.

Know your rights

The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive, unfair, or deceptive practices by debt collectors. If a debt has been discharged in bankruptcy, it is illegal for a collector to attempt to collect it.

Verify the debt

If a collector contacts you about a debt you believe was discharged, request a written validation notice. This notice should include the amount of the debt, the name of the creditor, and a statement of your rights under the FDCPA.

Consult your bankruptcy documents

Your bankruptcy discharge notice will list the debts that were discharged. Compare this with the validation notice to confirm whether the debt was indeed discharged.

Report violations

If a debt collector is illegally attempting to collect a discharged debt, report them to the Consumer Financial Protection Bureau (CFPB) or your state's attorney general's office.

Not all debts are dischargeable in bankruptcy

Non-dischargeable debts such as student loans, certain taxes, and child support must still be paid even after bankruptcy. Additionally, you may have chosen to reaffirm certain debts like a car loan or mortgage, meaning you agreed to continue paying these debts to keep the associated property.

At Omar Zambrano Attorney at Law

We understand the financial struggles that families face, especially those who are laid off, out of work, or behind on payments. We are committed to helping you eliminate debt and navigate the complexities of post-bankruptcy debt collection.

We offer free consultations to discuss your specific situation and provide guidance on the best course of action. Call us today at 626-338-5505 to start your journey towards a more secure financial future.

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