There can be an FDCPA solution even if such parties was unacquainted with the new case of bankruptcy or envision the mortgage non-dischargeable

There can be an FDCPA solution even if such parties was unacquainted with the new case of bankruptcy or envision the mortgage non-dischargeable

One violation out-of a discharge injunction violates a case of bankruptcy court’s buy, probably causing a civil contempt looking for. The new judge normally determine a remedy out-of payment for the consumer for genuine problems, punitive damage, and you can lawyer fees. There is absolutely no law off limits and you can save will likely be provided to also inspired consumers where in actuality the exact same collector violated the same court’s launch injunction.

It will be possible a consumer may be able to promote a keen affirmative-action to recover from a discharge injunction citation. Get a hold of NCLC’s Consumer Personal bankruptcy Laws and exercise fifteen.5.1.cuatro . Nevertheless the better approach is actually for an individual to ask the brand new court to help you issue a civil contempt buy-typically because of the judge whom granted the release order on reopened bankruptcy proceeding situation or a court in the same case of bankruptcy district. Continue reading “There can be an FDCPA solution even if such parties was unacquainted with the new case of bankruptcy or envision the mortgage non-dischargeable”