Get Started for a Free Consultation!


Debt Destroy

Why Am I Still Receiving Collection Calls Even If I Have Filed For Bankruptcy

Posted on May 31, 2009 at 10:16 pm
This is getting out of hand, i've called my creditors and told them that i have filed for bankruptcy yet I still hear from them. What should i do?

Debt_Guru Rep Points:
moderator
Posted on May 31, 2009 at 10:22 pm
If you have filed bankruptcy, the "automatic stay", the law which prohibits creditors from calling you or continung any other collection efforts goes into effect immediately.  Telling them that you have filed bankruptcy is not enough - normally they will receive written notification of this fact from the bankruptcy courts and your attorney.  How long ago did you file?     

DD101 Rep Points:
moderator
Posted on May 31, 2009 at 10:57 pm
Once your bankruptcy is filed, all the listed creditors will receive a notification via first class mail. Allow for 7-10 days for them to receive the notice and that should be enough for the calls to stop. In the meantime, if they call again, provide them your bankruptcy case number and have them note down that call. Ask for that collector's business address too.After 7-10 days however, if the calls persist, inform your attorney about it that he may send the collectors a "cease and desist" letter.That should take care of it. If not, note down the contact time and date, and  your attorney will report them as a violation of your automatic stay.

Karess Rep Points:
moderator
Posted on May 31, 2009 at 11:13 pm
Certain collection companies will also obtain information regarding your bankruptcy, such as the date the claim was filed, the attorney that you're working with, the county where you filed at, the case number, and of course which chapter you filed for. They may also instruct you to send supporting documents to them or your creditor, and stop collection calls for a few weeks or more. If they or the creditor are not able to hear from you regarding the concern, they may attempt to call you again to do a follow-up. So, most likely, that was what happened.