Richard Feinsilver recently comments About How Having Bankruptcy Documentation Can Prevent Debt Collection Headaches

Share Article

As debt collection agencies become more aggressive while relying on incomplete information, having proper documentation can prevent unwanted litigation.

While filing for personal bankruptcy can be a painful process most would like to forget, Richard Feinsilver recently makes recommendation on keeping documentation handy in the event debt collectors come calling. “Having the documentation from a bankruptcy filing that shows that debts have been paid or discharged can help to end the cycle of harassment,” said Mr. Feinsilver. “More importantly, unnecessary legal actions and the associated costs involved can also be avoided as well.” Mr. Feinsilver recommends that any documentation showing the payment or discharge of a debt during a bankruptcy filing should be kept in a safe, easily accessible place should debt collectors try to collect on the already addressed debt. He also cautions that if the documentation be provided that copies should be sent as the originals have too much inherent value to be giving away. All requests for proof should be provided in the form of copies that have been notarized to indicate authenticity so as to avoid any ongoing attempt to collect by unscrupulous debt collectors.

In a March 31, 2014 article on by David Dayen, the numerous issues and problems that exist in the debt collection market have caused numerous issues for consumers. In many cases, these issues end up costing the consumer in terms of legal procedures to convince debt collectors that a debt was previously dealt with. For accounts that were paid of discharged during bankruptcy proceedings, proper documentation can put a debt collector in their place.

Creditors who are seeking to collect on outstanding debt seek relief in many ways but after a while it becomes too costly for them to chase down outstanding credit card accounts. More often than not, these outstanding debts will be sold off to one of the more than 4,500 debt collection agencies in the United States. In many cases, full information is not always provided and if the debt is sold and then taken care of via a bankruptcy proceeding, the debt collection agency who purchased the debt may not learn that the debt in question was paid or discharged in a bankruptcy proceeding.

Since some of the debt collection agencies will do whatever it takes to receive payment of the outstanding debt, a debt that they probably paid pennies on the dollar for, harassing phone calls, threatening letters and pre-trial judgments can all be part of the process.

Rich Feinsilver is a graduate of St. Johns University (B.A. 1979) and New York Law School (J.D. 1983), and has been in private practice since 1988. Over the past 25 years, Rich has represented in excess of 6,000 clients in the prosecution of consumer and business bankruptcy proceedings. In addition, he has represented numerous individuals and businesses in the purchase and sale of residential and commercial property in New York. Rich is a member of the New York State, Nassau County and Queens County Bar Associations and is admitted to practice law in the State of New of York and before the United States District Court for the Eastern District of New York. Rich has also been a lecturer and commentator on the topics of consumer bankruptcy and real estate law for the National Business Institute (a leading continuing legal education provider) as well as a contributor to Fox Business News, the Wall Street Journal and Newsday. Rich has locations throughout Long Island, Queens and Brooklyn and can be reached online through his website at or by phone at 800-479-6330

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Richard Feinsilver