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Bankruptcy Bankruptcy Injunction Enforcement

Cease and Desist - Illegal Collection of Discharged Bankruptcy Debt

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When to use it

Use when a creditor or debt collector contacts you, sends letters, or attempts to collect a debt that was legally discharged in bankruptcy.

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Bracketed fields are filled in from your account when you generate it.

[CLIENT FULL NAME] [CLIENT ADDRESS LINE1] [CLIENT CITY], [CLIENT STATE] [CLIENT ZIP] DOB: [CLIENT DOB] | SSN (Last 4): [CLIENT SSN LAST4] Date: [TODAY] [RECIPIENT NAME] [RECIPIENT ADDRESS BLOCK] RE: DEMAND TO CEASE COLLECTION ACTIVITIES ON DISCHARGED DEBT UNDER 11 U.S.C. § 524 - Account #[ACCOUNT ACCOUNT NUMBER MASKED] Dear Collections / Legal Department, THIS IS A FORMAL NOTICE THAT YOU ARE IN VIOLATION OF A FEDERAL BANKRUPTCY DISCHARGE INJUNCTION (11 U.S.C. § 524(a)(2)). DISCHARGED DEBT DETAILS: - Account Name: [ACCOUNT CREDITOR NAME] - Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] - Bankruptcy Case Number: [BANKRUPTCY CASE NUMBER] - Jurisdiction: [BANKRUPTCY COURT] - Date of Discharge: [BANKRUPTCY DISCHARGE DATE] On [VIOLATION DATE], you engaged in unlawful collection activity by [VIOLATION DESCRIPTION] regarding this discharged obligation. FEDERAL DISCHARGE INJUNCTION MANDATE: Under Section 524(a)(2) of the Bankruptcy Code (11 U.S.C. § 524), a bankruptcy discharge operates as a permanent statutory injunction against the commencement or continuation of an action, the employment of process, or an act to collect, recover, or offset any discharged debt as a personal liability of the debtor. CEASE AND DESIST INSTRUCTION: 1. Immediately stop all collection calls, letters, and demand notices. 2. Cease any credit reporting activity and ensure the account reflects a $0 balance / Discharged status. If you persist in collection attempts, I will instruct legal counsel to file a Motion for Contempt and Sanctions in the U.S. Bankruptcy Court for actual damages, attorney fees, and punitive sanctions under 11 U.S.C. § 105. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

11 U.S.C. § 524(a)(2)15 U.S.C. § 1692c15 U.S.C. § 1681s-2

Enclose

  • Copy of Bankruptcy Discharge Order
  • Copy of collection letter received

Before you send

  • Bankruptcy Discharge Order
  • Proof of collection attempt
Know this first
  • Continuing to collect a discharged debt is a direct violation of the federal Bankruptcy Discharge Injunction (11 U.S.C. § 524) punishable by federal court contempt sanctions.

Follow up

Allow about 15 days for a response.