When a person decides to file for bankruptcy, they trust their attorney to guide them safely through the bankruptcy process and towards a new beginning. Unfortunately for one debtor, bankruptcy attorney Bradley Aubel saw bankruptcy as a chance to help himself instead of his client. Aubel and one of his employees decided to use their clients’ credit cards to make cash advances and to purchase personal goods and then have those debts discharged during bankruptcy. In addition to the cash advances, Aubel would use clients’ tax return information to make fax tax returns for himself in an effort to avoid…
Archive for the ‘Discharge Violations’ Category
Can the bankruptcy discharge of debt be revoked? There are circumstances where your discharge of debt can be revoked by a bankruptcy trustee. If the bankruptcy trustee determines that the debtor has been fraudulent at any point during the bankruptcy process, the discharge of debt can be revoked. If the debtor fails to notify the court of any property he or she acquired, the trustee can revoke the discharge. If the bankruptcy trustee audits your case and finds any misstatements or inaccurate information, the trustee can have your discharge of debt revoked. What should I do if a creditor attempts…
Once you file bankruptcy, creditors must stop negatively reporting to the credit agencies. While they can report that you filed bankruptcy and that the debt was discharged, they must stop reporting past due balances. Unfortunately, some creditors disregard this restriction and carelessly continue their negative reports to the agency. This is a violation not only of the bankruptcy discharge, but of the the Fair Credit Reporting Act as well.
One of the most significant benefits of bankruptcy is the relief you get from the harassment of creditors. Immediately upon filing for bankruptcy, the creditor must stop calling and/or sending you bills. This protection from debt collection continues throughout the bankruptcy process and becomes permanent once you are given a discharge.
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