Neither Creditors nor Debtors Follow Every Tittle of the Law

 

It is not unusual to visit a bankruptcy forum website and hear how some creditor has violated collection laws, nor is it unusual on the same websites to hear how some debtor has taken advantage of the legal system. Neither creditors nor debtors follow every tittle of the law.

Sign No. 274-56 – speed limit

Following Speed Limit Laws (Photo credit: Wikipedia)

 

For that matter, very few of us follow every tittle of the law. Frankly, because there are so many laws to follow, we simply aren’t always able to, nor is it always prudent to abide by every single one.

 

As an example, traffic laws come to my mind. Most all of us who drive, at one time or the other, have violated speeding laws, even if it is one mph over the speed limit. Technically, it is a violation of the speed law to be one mph over the limit, but there are circumstances that are prudent to go faster than the speed limit dictates. If you have to briefly speed up to avoid an accident, the speeding might prove to have been prudent if you avoided the loss of life. Unless something negative came from the incident, the tittle of the law broken might be waved by a reasonable judge and jury if you were caught in the act of the violation.

 

In bankruptcy law, violations of a tittle of the law is just as prevalent as in any of the other violations of laws across our nation. Creditors and debtors both inadvertently or on purpose break bankruptcy laws every day. Like not coming to a complete stop at a stop sign, they are not always caught in their violations. Some of the violations end up being harmless, and some might result in harm to the process within the system.

 

One such tittle of the law violation in a bankruptcy case recently came to a complaining debtor whom shared his experience on a bankruptcy forum website. The debtor wrote, “My debts were discharged in a chapter 7 bankruptcy this past fall, and one of my listed creditors sold a discharged debt to a collection agency who is now threatening me and trying to collect. I thought this is a violation of the bankruptcy discharge. What shall I do?”

 

Although the collection agency is technically violating bankruptcy laws by contacting the debtor, unfortunately, they may not be aware of the bankruptcy. The debtor should send a copy of the bankruptcy discharge to the offending creditor and show where the debt was discharged in bankruptcy. Then, they should ask them not to contact them anymore. If further violations occur, the debtor has the option of reporting the creditor to his or her attorney or officially reporting the violation to the bankruptcy court that handled their bankruptcy. Either could prosecute the violators to the extent of bankruptcy law.

 

The point of this article is to show that violations of bankruptcy laws are a part of the existence of the system, and how you handle the tittles of law being broken often determines the stress levels you will experience while going through the bankruptcy process. Because bankruptcy laws can be complicated and every tittle of the law can result in a stress issue, it might be prudent for you to hire legal help that is experienced and capable of helping you work through the legal process of bankruptcy. In this way, you might avoid the stress that comes with having to deal with every the tittle of the law.

 

Enhanced by Zemanta
The following two tabs change content below.