Things You Need to Know if Creditors Contact You After Bankruptcy

You've found a great bankruptcy attorney, completed all the necessary steps to get your debt discharged, and taken control of your finances. After all of that, one of your old creditors calls you demanding that you make paymetns on a debt that was included in your bankruptcy.

Holy Flashback, Batman!

If the debt in question was included in your discharge, then it's all pretty simple: they can't contact you. If your case is open when they call you, then the creditor has violated the automatic stay by contacting you. If your case has been discharged then they're violating the injunction of the discharge.

Mistakes are liable to happen. If, for example, a creditor sends you a single bill or made one phone call, you can provide them a copy of your discharge.Often times the creditor doesn't know that you have filed for bankruptcy and that they aren't lawfully allowed to contact you. Telling them that you have filed over the phone should solve most problems. If you've filed for bankruptcy then your attorney should have informed your creditors that they are no longer allowed to contact you at all. Often times bankruptcy attorneys will have special creditor hotlines set up so that your creditors will have a place to reach someone. When you hire a bankruptcy attorney you depend on them to represent you. Not just to the courts but also to your creditors and anyone else involved with your bankruptcy. But if they've made multiple collection attempts and they've been warned, what do you do then?

If this is the case, then it's time to take action. If you're receiving multiple bills, harassing phone calls, or any other violations, you need to contact your attorney as soon as possible. You should hang on to any paperwork or bills that the collectors have sent to you. After presenting all of this to your attorney they will most likely go over some different options, including suing the creditor who is harassing you. Generally bankruptcy courts will not look too kindly on a suit against a creditor who has only contacted you once by accident. If however you are dealing with repeated harassment, it's time to take action. One of the main reasons you filed bankruptcy in the first place was to make the harassment stop, right?

You should be able to depend on your attorney to be your advocate, not just when you file, but even after you've received your discharge.

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