What to Do if Creditors Keep Calling After Bankruptcy
June 15, 2022
Many turn to bankruptcy seeking relief from troubling debt and badgering debt collectors. However, in some instances, creditors continue contacting debtors even after filing for bankruptcy.
Debt collectors are not allowed to contact you once you’ve filed for bankruptcy. If you continue to struggle with pestering creditors, a bankruptcy attorney can provide assistance.
Why Are Creditors Contacting Me?
It is not uncommon to continue to receive communication from debt collectors even after initiating your bankruptcy case, whether it be phone calls or letters in the mail. While it is frustrating, there is usually a reason.
In most cases, if a debt collector is still contacting you after you’ve filed for bankruptcy, they are unaware. When you file for bankruptcy, the court notifies your creditors. Once they receive notice, communication should cease entirely. If debt collectors are still contacting you, you can inform them you’ve filed for bankruptcy.
Are Creditors Allowed to Continue Contacting Me?
No — after you’ve filed for bankruptcy, creditors are not allowed to continue harassing you. If they do, they may be in violation of federal law.
The moment you file for bankruptcy, an automatic stay goes into effect. The automatic stay takes away a creditor’s right to continue contacting you after you’ve initiated your bankruptcy case. Under the automatic stay, creditors cannot:
Contact you in any way
Repossess your property
Foreclose on your property
Place a lien on your property
File or continue with a lawsuit
While the automatic stay goes into effect immediately, it may take some time for creditors to receive notification of your bankruptcy. While you will notice a decline in communication, it may take a bit to stop altogether.
If a debt is discharged, you are no longer responsible for it. Therefore, debt collectors can no longer take steps to attempt to collect that debt.
Under 11 USC § 524, at the conclusion of your bankruptcy case, an automatic stay turns into a permanent discharge injunction. If a creditor continues to harass you, threaten you, or take any actions toward collecting a debt, you should consult with a bankruptcy attorney right away.
How to Stop Communication From Debt Collectors
Continuing to receive collection calls and letters can be irritating and stressful. If communication from debt collectors does not stop even after filing for bankruptcy, you should:
Notify the creditor that you filed for bankruptcy and provide the creditor your attorney’s information
Document every harassing phone call and keep letters and emails
Consult with a bankruptcy attorney to review your legal options
It is illegal for debt collectors to contact you once you have a bankruptcy case. In the worst situations, you’ll need to take legal action against creditors that continue their behavior.
A St. Louis Bankruptcy Attorney Can Help
Going through bankruptcy can be challenging enough without having creditors harassing you at every opportunity. If you continue to receive communication from debt collectors after filing for bankruptcy, a bankruptcy lawyer can help you.
AKS Law has over ten years of experience assisting clients with their bankruptcy cases from start to finish. We handle every client and case with the personalized attention they deserve. If you need legal guidance, call us at (314) 866-3955 or contact us online to request a free consultation.