The discharge injunction is an integral aspect of the “fresh start” that bankruptcy affords to many debtors. But there has been a growing threat to the viability of the bankruptcy discharge: zombie debt! Just when honest but unfortunate debtors think they have finally laid their overdue financial obligations to rest and moved on with their lives, zombie debt comes back to life in form of outdated and misleading credit reports that some debt collectors have been using to coerce payment on debts that should have died years prior. This Article discusses the motivation behind these questionable collection tactics and potential remedies within the bankruptcy court through the lens of In re Haynes, a nationwide class action suit targeted at finally burying these undead debts.
Micah A. Smart,
Dawn of the Debt: The Increasing Problem of Creditors Infecting the Discharge Injunction with Zombie Debt,
Me. L. Rev.
Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol70/iss1/2