WHAT CAN THE
DEBTOR DO IF A CREDITOR ATTEMPTS TO COLLECT A DISCHARGED DEBT
AFTER THE CASE IS CONCLUDED? (Page
If a creditor attempts collection efforts on
a discharged debt, the debtor can file a motion with the court,
reporting the action and asking that the case be reopened to
address the matter. The bankruptcy court will often do so to
ensure that the discharge is not violated. The discharge
constitutes a permanent statutory injunction prohibiting creditors
from taking any action, including the filing of a lawsuit,
designed to collect a discharged debt. A creditor can be
sanctioned by the court for violating the discharge injunction.
The normal sanction for violating the discharge injunction is
civil contempt, which is often punishable by a fine.