QUESTION
How long will my bankruptcy take to be discharged?
Asked on Dec 28th, 2012 on Bankruptcy - California
More details to this question:
I thought the creditor people would stop calling all the time right when I filed but they are still calling. Can this be legal? Will it stop after the discharge? Is there a way to make it all go faster? Or if it takes a long time, can I block the numbers on my phone?
14 ANSWERS
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Creditors should not be contacting you once you have filed bankruptcy.
Answered on Jan 04th, 2013 at 6:44 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You should have been protected from your creditors the day you filed and not when you are discharged.
Answered on Jan 04th, 2013 at 5:14 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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If you let each of the creditors know your bankruptcy case number, they will stop calling you. They are required to stop as soon as you file, but of course it takes a few days for them to get notice of the filing. Any creditors that persist after the stay is in place are in violation of a court order and are subject to sanctions. They usually know this and will stop as soon as they become aware of the bankruptcy.
Answered on Jan 04th, 2013 at 3:49 AM
It often takes a couple of weeks for creditors to receive & process the notice that your bankruptcy has been filed, so be patient and give any callers your bankruptcy case number. If the calls continue for more than three weeks, have your lawyer contact any creditor that continues to harass you, as the bankruptcy filing does impose a requirement that collection calls stop. Be sure the creditors calling were properly listed to receive the notice of your bankruptcy, since you can't blame them for calling if the notice went to a wrong address or if they weren't listed at all. If calls continue, there is a right to sue the creditors within the bankruptcy court, but it seldom comes to that.
Answered on Jan 04th, 2013 at 3:16 AM
Once a creditor knows you have filed (e.g. you provide them with your bankruptcy case number, attorney's number, etc.)- they are prohibited from calling you. Was your case even filed?- it usually does not take long for the creditors to be notified in writing by the court once your case has been filed and the proper addresses were listed on your bankruptcy schedules of the creditors to be notified.
Answered on Jan 03rd, 2013 at 12:07 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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10-15 days after filing it should stop. You could answer the calls and tell them the case number. Calling you is against the law. Make sure that you listed these creditors on your Schedules.
Answered on Jan 03rd, 2013 at 6:53 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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First - do not file a bankruptcy without a competent bankruptcy lawyer. In that it appears you have already done so you may be facing an uphill battle. Second, so long as you listed 100% of all your debts and assets then you might be okay. Make sure that you comply with any reasonable requests made by the trustee. As to the creditors - the law requires that they stop demanding payment if they know about the bankruptcy. Most likely they are contacting you because you did not list the creditor or used the wrong address. If they continue after you have informed them about the bankruptcy then you can file a motion for contempt. Bankruptcy is a very serious matter and should only be done with proper guidance. My best to you.
Answered on Jan 03rd, 2013 at 6:48 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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By law, you cannot receive a discharge until 60 from the date your 341 hearing was held and concluded. However, you shouldn't have to wait until your discharge to stop harassing phone calls. Once you file a Bankruptcy, the Automatic Stay goes into effect immediately. The Automatic Stay prevents creditors from attempting to collect a debt that was included on your Bankruptcy. Sometimes a creditor doesn't get proper notice. If you are represented by an attorney, let the creditor know that you have filed a Bankruptcy case and then give they your attorney's name and number and he/she will handle the rest.
Answered on Jan 03rd, 2013 at 5:36 AM
Daniel James Wilson
Did you use an attorney or file pro se? If you have an attorney call him right away. Creditors are forbidden from contacting you after you have filed. This assumes that they were properly noticed, which assumes they were properly scheduled in your filings. I will add that it sometimes takes a while for the notice to get to the right department. In the meantime when creditors contact you give them your case # and remind them are in violation of a court order and subject to contempt and actual damages.
Answered on Jan 03rd, 2013 at 5:35 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Upon the filing of your petition, creditors are prohibited from attempting to collect from you. When you filed your petition, an injunction was entered (it is called the Automatic Stay). You should inform the creditor of the filing (you might even send them a copy of the notice of the bankruptcy). If they were listed properly in your schedules, and they received actual notice, they are willfully violating the automatic stay. You should contact your attorney and let him/her know of these violations. If you filed a Chapter 7, the discharge should be entered in approximately 2 to 3 months after filing, depending on work flow in the court handling your bankruptcy. Once the discharge has been entered, the Discharge Injunction replaces the Automatic Stay. In either event, creditors are prohibited from taking any action to collect the debt.
Answered on Jan 03rd, 2013 at 5:32 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In a chapter 13 it can take over 5 years, in a chapter 7 a discharge can be entered in a few months. Creditors cannot call you on the phone, this violates the federal automatic stay.
Answered on Jan 03rd, 2013 at 5:23 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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First, you can always block any number on your phone and refuse any call. As for your bankruptcy, creditors are not allowed to call once they get notice of your filing. If you filed a bankruptcy case, I tell my clients to get it about 3 to 4 days for notice to be recieved by the creditors. After this, any calls recieved are in violation of the automatic stay. Unfortunately, I can't answer when you will recieve your discharge without knowing what chapter was filed.
Answered on Jan 03rd, 2013 at 5:22 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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IN NJ: It should stop within two weeks. If it has not give all information to your counsel to file a Motion for violation of the automatic stay.
Answered on Jan 02nd, 2013 at 2:53 PM
Tax Problem Resolution Attorney serving Lake Oswego, OR
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THE WUHRMAN LAW FIRM
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You should not be receiving any phone calls now that you've filed bankruptcy, but sometimes it takes a while for the information to get to the right place. I would recommend that you take the calls and politely inform whoever is calling that you've filed bankruptcy. They will typically ask you for the case number, the court where it was filed, and the type of bankruptcy (usually Chapter 7 or 13 for an individual or a couple). After you give them that information, you shouldn't hear from them again. But if you do, you can consider suing them for violating the automatic stay and/or your discharge. Keep a good record of every call you get, and consult knowledgeable bankruptcy counsel. Many will even take the case on a contingency.
Answered on Dec 31st, 2012 at 2:55 PM