← Letter Library
Bankruptcy Bankruptcy Injunction Enforcement
Generate this letterCease and Desist - Illegal Collection of Discharged Bankruptcy Debt
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.
Preview
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-2Enclose
- 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.