Question # 7:  When will those ruthless bill collectors stop calling?

Having a bankruptcy lawyer helps protect you from creditor harassment.  Clients who have a lawyer should tell creditors that they are being counseled regarding their finances and that any questions should be directed towards the law office.  Once a client seeks legal representation the creditors should refrain from contacting the client directly.

Basically, when you file the court will send notice to your creditors informing them that you filed bankruptcy.  The notice will say that a creditor cannot call or write in an attempt to collect a debt you owe them.  A creditor cannot file a lawsuit against you to collect a debt.  In most cases a creditor cannot even bring a wage garnishment against you, even if they did win a law suit against you.

If the creditor wants to do any of these acts the creditor will likely have to go to the court and ask the court to remove its protection of you. Thus, while the court is still protecting you the creditor is not supposed to take these actions.  Taking these actions would be a violation of the automatic stay.

Keep in mind that a violation of this automatic stay would be a violation of the federal bankruptcy laws, and may give you the right to sue the creditor!

However, creditors who may have not received notice that the bankruptcy case has begun may call or write you regarding your bill by mistake. 

What to do if a creditor calls:

First of all, you should keep a log (the caller's name, their company name, and creditor they represent, phone number, and time and date of call) of any creditors trying to contact you after you have filed your case.

You have the right to be left alone. If a creditor happens to contact you after you have filed your bankruptcy case, it would be smart to give them your case number and the date you filed, (which you can find on the notice you will receive in the mail from the court soon after you file your case) or ask them to call your attorney and they will likely leave you alone. Nevertheless, you should call your bankruptcy attorney right away.

What to do if a creditor is still sending bills:

You may want to make a copy of the notice you received from the court, and send the copy to the creditor.  This way the creditor can't call you and tell you they never received notice of your case. Once again, you should contact your attorney.