Filing Bankruptcy and the FDCPA

Making the decision to file for bankruptcy can be a difficult
choice for a consumer to make.  Eventually, after receiving
numerous collection letters and calls and not being able to dig
yourself out of debt, choosing
bankruptcy
is more than likely your best option.  The
benefit of filing for bankruptcy is the “fresh start” you will
receive after your debt has been discharged and can bring you a
sense of calm when the calls and collection efforts come to an
end. 

Filing for bankruptcy will allow you to eliminate your unsecured
debt, such as credit card debt, medical bills and personal
loans.    Filing for bankruptcy can give you the
opportunity to begin again free of the debt you have amassed with
out the stress of paying back the amounting interest rates and
finance charges.  Once you file for bankruptcy, your creditors
and debt collectors can no longer contact you and attempt to
collect the debt.   After your bankruptcy filing has been
discharged, your debt gets “wiped out”.  

Despite filing for bankruptcy, often times your creditors and
debt collection agencies ignore the letter of the law and still
continue to contact you to demand payment.  One of the reasons
the
Fair Debt Collection Practices Act (“FDCPA”)
was enacted was to
protect consumers in this situation.  Filing for bankruptcy is
supposed to act as your safeguard from the harassment of creditors
and collectors and provide you with a fresh start.

The FDCPA protects consumers who have obtained a bankruptcy
discharge and are being contacted by collection
agencies
. The FDCPA will protect you from a collection agency
who is calling or sending letters to collect on debts included in
your bankruptcy filing.  Contacting you to collect a debt that
is included in your bankruptcy is considered a misrepresentation of
the status of the debt and a violation of the law.  Likewise,
reporting the debt to the credit reporting agencies as past due
with a balance is also a violation of the FDCPA and the Fair Credit
Reporting Act.  While creditors and collection agencies are
not required to delete accounts from your credit report, they must
report the account information accurately and reflect that the
account has been discharged in bankruptcy with a $0
balance. 

If you have filed for bankruptcy and received a discharge but
still continue to be contacted by debt collectors and creditors, contact
SmithMarco P.C.
for a completely free case review.