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26012617). Other non-bankruptcy laws may need certain communications. For instance, the servicer may have a statutory requirement to send out the debtor-borrower pre-foreclosure notifications and info (see In re Kirby, 589 B.R. 456 (Bankr. D. Me. 2018) (post-discharge default letter sent out by mortgagee to Chapter 7 debtors that included details needed under Maine law to preserve mortgagee's in rapid eye movement right to foreclose, contained personal bankruptcy disclaimer in vibrant type and indicated that it was not try to gather a debt that might have been released in insolvency, did not break the discharge injunction)).

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In these cases, a carefully worded, narrowly tailored disclaimer is recommended. Insolvency Disclaimer Phrasing To figure out whether a post-discharge interaction violates the discharge injunction, courts carry out a fact-intensive questions into whether the communication was an attempt to gather the financial obligation from the debtor-borrower personally. Courts heavily scrutinize the presence of and language within bankruptcy disclaimers on debtor-borrower communications.

Courts have found discharge offenses where correspondence with a debtor-borrower following the debtor's discharge included: Due dates. Quantities owed. A statement that a late fee would be charged for unfortunate payment. Where courts have found violations for correspondence including these products, the correspondence has typically been coupled with other conduct that might be deemed coercive or harassing (see In re Forson, 583 B.R.

S.D. Ohio 2018); In re Sharak, 571 B.R. 13 (Bankr. N.D. N.Y. 2017); In re Vanamann, 561 B.R. 106 (Bankr. D. Nev. 2016); In re Brown, 481 B.R. 351 (Bankr. W.D. Pa. 2012); In re Bruce, 2000 WL 33673773 (Bankr. M.D.  Need More Info? .C. 2000)). Courts are less most likely to find an infraction if the statement: Is for informational functions just.

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(See In re Mc, Connie Navarro, 563 B.R. 127 (Bankr. D. P.R. 2017) (month-to-month statements to debtor showed, in several locations and in all uppercase, that they were being sent for educational purposes only); In re Best, 2015 WL 6643649 (B.A.P. 1st Cir. 2015) (correspondence consisting of language mentioning that, if the debtor had gotten a discharge in insolvency, the communication was not an effort to collect a financial obligation and was offered informational purposes just); In re Lemieux, 520 B.R.