| A debt no longer exists after it is discharged in bankruptcy. The court enters an order prohibiting the debtor's creditors from later attempting to collect any discharged debt from the debtor. 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. Generally, the bankruptcy court will then reopen the case in order 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.
The court can sanction a creditor for violating the discharge injunction. Any creditor who violates the court order may be held in contempt of court and may be liable to the debtor in damages. If a creditor later attempts to collect a discharged debt from the debtor, the debtor should give the creditor a copy of the order of discharge and inform the creditor in writing that the debt has been discharged. If the creditor persists, the debtor should contact an attorney. The debtor should not ignore a lawsuit filed by a creditor on a discharged debt because even though a judgment entered against the debtor on a discharged debt can later be voided, it may require the services of an attorney.
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