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Debts and discharge
Discharge injunction
The court order built into a discharge that bars creditors from trying to collect a discharged debt from the debtor personally. 1
Talk to a lawyerHow it works
It is permanent, and it reaches every form of collection on a discharged debt, including lawsuits, phone calls, letters and personal contacts. 2
The discharge also voids any court judgment, whenever it was obtained, to the extent it holds the debtor personally liable for a discharged debt. 1
It has limits. It protects the debtor personally, so a secured creditor, such as a car lender, may still be able to take back the property that secures its loan, and a co-signer who also owes the debt can still be pursued. It also covers only discharged debts: some debts, such as certain taxes and student loans, cannot be discharged. 3 1 4
A violation of the discharge injunction is any attempt to collect a discharged debt from the debtor. The debtor can file a motion asking the court to reopen the case and deal with it, and no reopening fee is charged when the case is reopened because of an alleged violation of the discharge. The court can sanction the creditor, normally with civil contempt, which is often punishable by a fine. 2 5
Common questions
A collector is calling about a debt that was discharged. What can be done?
The debtor can file a motion with the bankruptcy court reporting the collection attempt and asking that the case be reopened. A lawyer can help you decide how to respond. 2
Can I still pay a discharged debt if I want to?
Yes. A debtor may repay any debt voluntarily. 3
Do creditors find out about the discharge?
The clerk of the bankruptcy court mails a copy of the discharge order to all creditors. 2
Sources
Still being chased for a discharged debt?
A bankruptcy lawyer in your state can tell you what your options are.
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