QUESTION
Can the creditors still contact me during bankruptcy?
Asked on Jun 08th, 2012 on Bankruptcy - Florida
More details to this question:
when you are filing for bankrupt can the creditors you owe still contact you?
20 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No and if they do they can be fined.
Answered on Jun 29th, 2013 at 2:26 AM
Bankruptcy Attorney serving Jacksonville, FL
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Robert L. Peters, Attorney
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When you file bankruptcy you are immediately under a protection from creditor collections. You should provide any creditors who contact you with your bankruptcy case number and in addition refer them to contact your attorney. I would also recommend keeping a log of the phone numbers, name of the companies, times of the calls as well as any other correspondence you receive. Provide this information to your attorney as the creditor may be in violation of the Federal Bankruptcy Laws and possibly FDCPA laws. Your attorney can file for a motion for sanctions with the court if he deems it's needed.
Answered on Jun 22nd, 2012 at 3:30 PM
Burton J. Green
Creditors are not permitted to continue to contact you after you have filed for bankruptcy. The court enters an order, called a "stay" that instructs creditors that you have filed for bankruptcy and tells them to cease all contact. This information usually takes several weeks to filter down to all collection people. When you receive a phone call simply tell the caller you have filed bk and give caller the case no. That should be the end of it. If the calls continue then you need to file a motion for sanctions against the caller in the bk court.
Answered on Jun 21st, 2012 at 4:40 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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Creditors need court permission to contact you after you file bankruptcy. However, I always advise my clients to allow time for the creditors to receive notification and update their system before getting too upset about the creditors contacting them after the case is filed. However, if the creditor is aware of the bankruptcy and chooses to ignore the restriction on contacting the debtor, then the debtor can file an adversary proceeding against the creditor.
Answered on Jun 21st, 2012 at 10:50 AM
No, creditors cannot contact you after your bankruptcy has been filed, unless they get permission from the bankruptcy court for a very specific reason.
Answered on Jun 21st, 2012 at 10:44 AM
Barbara A. Fontaine
The creditors should have been listed in the bankruptcy, so they should know not to call you. I they do, tell them that you have filed and they will leave you alone.
Answered on Jun 21st, 2012 at 10:26 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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When you file bankruptcy there is an automatic stay that goes into effects. Collection action ceases.
Answered on Jun 19th, 2012 at 5:38 PM
Mobile Home Law Attorney serving San Juan Capistrano, CA
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Corfield Feld LLP
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No they may not, and there are big penalties for those creditors that do. Upon filing your bankruptcy puts into place an automatic stay. If you filed previously for some reason the stay might only be in place for 30 days or may not be in place automatically. Many creditors are notified by the court electronically, but some are notified via mail so it may take some time for them to get notice from the court. For those creditors you can give them your case number and tell them not to call again.
Answered on Jun 19th, 2012 at 5:27 PM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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No, as a general rule they cannot still contact you. There is a provision in the bankruptcy code called the Automatic Stay and its provisions prevent the usual collection activities from continuing.
Answered on Jun 19th, 2012 at 5:20 PM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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When a bankruptcy petition is filed, the "automatic stay" that goes into effect at the time of filing prevents creditors from making any attempt to collect on a debt. Typically, this includes prohibiting the creditor from contacting the debtor.
Answered on Jun 19th, 2012 at 4:57 PM
They cannot take any action "for the purpose of collecting the debt" that you owe. Other communications (that is, other than attempts to collect a debt) are permissible.
Answered on Jun 19th, 2012 at 9:19 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends. Most cannot demand payment, but a few can - such as child support, alimony, taxes (some exceptions). Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 18th, 2012 at 9:51 PM
child support Attorney serving Northborough, MA
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Aaron Hutchins
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Once you have filed bankruptcy, creditors that you have identified on your petition cannot contact you. So be sure to list all of the creditors you want discharged.
Answered on Jun 18th, 2012 at 9:47 PM
No, except for very incidental things, certainly not to demand payment or otherwise make your life miserable.
Answered on Jun 18th, 2012 at 9:37 PM
Daniel James Wilson
The Automatic Stay is an order from the court to creditors to not try to collect the debt in any way, including contacting the debtor. The auto stay does not go into effect until BK is actually filed. Usually giving the creditor the case # will stop calls. Pay day loans and other bottom feeders are often very difficult to deal with.
Answered on Jun 18th, 2012 at 9:35 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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No. Once you file the bankruptcy case, if the creditors contact you, you need to inform them that you filed the case and give them the case number and, if necessary, ask them never to contact you again. They will not stop calling you until they have your case number. However, if you hire counsel, the FDCPA forbids them to contact you once you have a lawyer; so, you just tell them not to call you again and instead call your lawyer.
Answered on Jun 18th, 2012 at 9:28 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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No. Upon filing bankruptcy an automatic stay is put in place which prevents creditors from attempting to collect the debts.
Answered on Jun 18th, 2012 at 9:23 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Why were they trying to contact you? It's normally okay for them to contact you in regards to a debt that you indicated you would be reaffirming, such as a mortgage or car loan.
Answered on Jun 18th, 2012 at 9:17 PM
Bruce Arthur Plesser
Yes. Refer them to the trustee.
Answered on Jun 18th, 2012 at 9:16 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. They are prohibited from contacting you by what is known as the Automatic Stay. They cannot initiate suit or proceed with one that has already been filed, unless they seek and obtain a lifting of the automatic stay.
Answered on Jun 18th, 2012 at 9:16 PM