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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default Post-Discharge Creditor Harassment

    My question involves bankruptcy in the state of: California

    A few years ago I was involved in a business dispute which resulted in me filing Chapter 7 Bankruptcy. One of the creditors was an individual. The bankruptcy was discharged. Since then, the individual to whom I owed money has gone on a campaign to destroy my reputation. This person has created a website (the domain is [myname].com) devoted to broadcasting how I 'screwed' him. The person sent a letter to my employer telling them the story of my bankruptcy and what a bad person I am. What they've said on the web and in their letter is technically true but is obviously portrayed from one point of view in a very negative manner, omitting some crucial facts. Without the omitted information, what the person is saying is essentially an inaccurate portrayal of what transpired. I'm just trying to move on with my life and rebuild after bankruptcy - all I want is to be left alone.

    This person hasn't contacted me directly nor have they directly asked for payment - I know this would constitute violation of the bankruptcy injunction. However, I am certain that if I offered to pay the amount I owed the person prior to bankruptcy, they would stop immediately. Until this point, I have been trying to ignore and take the high road - I have not contacted the person to try to resolve anything.

    Could this behavior constitute 1) violation of the bankruptcy discharge injunction, 2) violation of anti cybersquatting laws for registering a domain name that is also my name or 3) flat out plain vanilla harassment? Thank you in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Post-Discharge Creditor Harassment

    If you owed him money and never paid, either because of it being discharged in bankruptcy or just because you defaulted, he is entitled to his opinion that you screwed him. He's entitled to publicly state that fact. In the case of a Chapter 7, it's unclear what ongoing business that you have that is even capable of being defamed.

    It's not a violation of the discharge injunction to complain that you didn't pay your debts. The injunction only covers attempts to collect the debt.

    He might be guilty of violating the anti-cybersquatting, but that isn't a crime NOR even something you can get civil relief on. It's a feature of the Domain Name rules. The problem here again is that you HAVE NO LEGITIMATE CLAIM ON THE COMPANY NAME it would appear any more than he does. Of course, you can spend the several THOUSAND dollars to initiate a UDRP action and possibly prevail and all that will do is have the domain name awarded to you.

    It appears to be plain jane CONSTITUTIONALLY PROTECTED FREE SPEECH. You are responsible for your actions. Bankruptcy only wipes out the responsibility to pay the debt, NOTHING ELSE.

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