Stop-Harassing-phone-calls

How do I stop creditor harassment? How do I get creditors to stop calling me after I file for bankruptcy?

These are common concerns for individuals filing for bankruptcy. Once you file the bankruptcy petition an automatic stay immediately goes into effect. The automatic stay prohibits certain collection activities. This includes lawsuits, foreclosure actions and all of those phone calls to receive from creditors and collection agencies. While there are some exceptions, the general rule is that if a creditor continues to try to collect the debt after you have filed protection under the bankruptcy code, they are in violation of the automatic stay and can be penalized.

If the lawsuit or foreclosure action has already been filed, notices are sent to the court as well as to the attorneys involved in the case. The lawsuit or foreclosure action is then put on hold. In other words, nothing happens until after you either receive a discharge, or a dismissal, or permission is granted by the bankruptcy court to the creditor allowing them to continue the action. If you receive a discharge in bankruptcy, lawsuits trying to collect money for unsecured debts will end as you will no longer owe the debt. If the case is a foreclosure action or for a lawsuit for a secured debt, and you do not reaffirm the debt or make some other arrangements with the creditor, the case (foreclosure or lawsuit) will go forward after the discharge or after permission is granted by the bankruptcy court to continue the action. This does not mean you will owe the creditor money. It simply means that the creditor can get a judgment that legally allows them to take possession of the property so they can sell it in an attempt to try and recover some of the money they were owed at the time you filed for bankruptcy.

As a practical matter, there is a short lag time between the moment you file for bankruptcy and when your creditor receives notice of the bankruptcy. During this time, you may continue to receive calls or contacts. It often takes 7 to 10 business days after you file your bankruptcy petition for the creditors to get the notice and stop the contacts. When a creditor calls, simply advise them that you have filed for bankruptcy and give them the bankruptcy case number assigned by the court to your case. Also, it is a good idea to keep a log of the date, time and name of each creditor who contacts you after you have filed, and the name of the collection agency, if applicable. If you continue to receive calls from the same company after two weeks, you should discuss the problem with your attorney.

Stopping creditor harassment is one of the reasons we stress the necessity of providing accurate addresses and information for all creditors.

We are a debt relief agency.

We help people file for bankruptcy relief under the Bankruptcy Code.

Kentucky does not certify specialties of legal practice.

If you have additional questions, not answered on this page, you may want to go to our Bankruptcy FAQ page.

You may be unfamiliar with many of the terms used in connection with bankruptcy cases, to see definitions of bankruptcy terms, go to our Glossary page

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