QUESTION
Can I get threatening phone calls if I already said I was filing fo bankruptcy?
Asked on Jan 23rd, 2012 on Bankruptcy - California
More details to this question:
I retained a lawyer in October I unfortunately lost my job in November and I just got a job and now I am able to begin the payments for my lawyer again. When the process began I contacted the companies I owed debt to and informed them that I was filing bankruptcy. I have been receiving threatening phone call from a company that I got a personal loan through. Can they do this and even if I have retained an attorney?
15 ANSWERS
If a creditor sues you, and you have retained an attorney, they should not call you. But, if they are just calling to collect, simply saying that you are filing for bankruptcy is immaterial. Only the actual filing of a bankruptcy case with the court's docket stops creditor's from contacting you.
Answered on Feb 27th, 2012 at 12:56 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, they can continue to contact you until you have a case number.
Answered on Feb 21st, 2012 at 1:05 PM
Bankruptcy Attorney serving Lenexa, KS
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Walden Legal Solutions, LLC
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Unfortunately, the answer is yes. You do not have the protection of the Automatic Stay until your bankruptcy case is actually filed.
Answered on Feb 20th, 2012 at 3:15 PM
Glen Edward Ashman
As I am sure he has told you, yes.
Answered on Feb 20th, 2012 at 10:11 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Absolutely. Until you actually file bankruptcy, there is no reason why lenders can't still contact you regarding their debts. Maybe you could file a Chapter 13 where you can pay your atty over time after you file.
Answered on Feb 20th, 2012 at 8:36 AM
You should speak to your attorney specifically about your case. However, until you have actually filed the case, creditors are allowed to make contact with you regarding your payments. Just telling them you are filing bankruptcy is not enough to end the calls. If so, people everywhere would just say that to stop the calls. You will need to get the automatic stay and have that sent to them to provide them with your bankruptcy infomration. This stay prohibits their calls unless they get a court order to allow them to continue. Speak to your attorney about your case and when you can get it filed.
Answered on Feb 17th, 2012 at 8:36 PM
Christine Sarah Hansley
Give them your attorney name and number. They are supposed to call attorney to verify representation. Once representation is confirmed they are not supposed to contact you. If you are still being contacted by creditors they are in violation of florida sate and federal debt collection laws. Advise your attorney of the threatening calls.
Answered on Feb 17th, 2012 at 8:25 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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If you tell the creditor that you are represented by an attorney they are not supposed to contact you directly anymore. Therefore, make sure you give the creditor the name and phone number of your attorney and put it in writing if necessary (and keep a copy as you might be able to get damages later). If they continue to disregard the law then just don't answer their calls or hang up on the creditor but keep track of the calls, keep copies of the notices and other information that might help the attorney sue for damages. You can also ask the attorney to send the creditor a letter threatening legal action for violation of consumer protection statutes.
Answered on Feb 17th, 2012 at 7:58 PM
judith runyon
Until your Bankruptcy is filed, creditors can still call you.
Answered on Feb 17th, 2012 at 7:57 PM
Bankruptcy: Creditor Attorney serving Grand Island, NE
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Milner Neuhaus & Judds
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Talk to your attorney immediately if you believe a creditor is violating the Fair Debt Collection Practices Act. He or she will be able to advise you of your remedies.
Answered on Feb 17th, 2012 at 2:40 PM
Kevin Elliott Parks
The next time they call, inform them that you've retained counsel in this matter and that they should not contact you directly again, but rather may contact your attorney directly with any questions they may have, and then give them your attorney's name. Further inform them that you believe they may be violating the laws concerning consumer fair debt collection practices.
Answered on Feb 17th, 2012 at 2:35 PM
Filing bankruptcy gets you the protection of 11 U.S.C. Section 362 Automatic stay. This includes the protection from threatening phone calls from debt collectors. Saying you are going to file bankruptcy, or hiring an attorney to file bankruptcy for you but not actually filing, does not get you the protection of the automatic stay. Until you actually file bankruptcy, you can tell your creditors who call you, "I am filing bankruptcy. Call my lawyer." Then give them the name and telephone number of your attorney. Taking creditor calls is one of the many things that I do for my bankruptcy clients.
Answered on Feb 17th, 2012 at 2:17 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Until you have filed for bankruptcy, creditors can make collections calls.
Answered on Feb 17th, 2012 at 1:54 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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Yes. The calls are supposed to stop after you file and the creditor gets notice of the bankruptcy.
Answered on Feb 17th, 2012 at 1:48 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You should refer creditor calls to your attorney. Do not talk to creditors other than providing attorney's name and phone number. Answer all questions with this response only. If you expand on this response you will continue to receive phone calls.
Answered on Feb 17th, 2012 at 1:18 PM