Are there creditors not affected by bankruptcy? 30 Answers as of June 13, 2012

What happens to my creditors if I file for bankruptcy? They keep calling my hosue adn work. Is it normal for them to do this?

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Marc S. Stern
Marc S. Stern | Marc S. Stern
Then they are violating the stay and/or discharge and ought to be sued.
Answer Applies to: Washington
Replied: 6/13/2012
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
You should talk with a lawyer about how to prevent creditors from calling you at work. In general, creditors are effected by filing for bankruptcy in several ways, one of which is that they are forbidden from calling you at home or at work due to one of the provisions of the bankruptcy code called the Automatic Stay.
Answer Applies to: New Jersey
Replied: 6/13/2012
Debt Crushers
Debt Crushers | Emily Chase Smith
As you have experienced, creditors can get very agressive. One of the reasons for this is that under most Chapter 7 bankruptcies, creditors receive nothing. They know this, of course, and try to collect before a bankruptcy happens. Remember that once you file, your creditors cannot contact you because you have the protection of the court under the automatic stay. If creditors continue to contact you, be sure to notify your attorney because they are in violation of the bankrutpcy court and the court doesn't take kindly to creditors breaking their rules!
Answer Applies to: California
Replied: 6/13/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Yes, unsecured priority debts and even some unsecured nonpriority debts such as student loansconsult an attorney to review your debts and assets to determine if bankruptcy is right for you.
Answer Applies to: Texas
Replied: 6/12/2012
Law Office of Kristen Allard Shier
Law Office of Kristen Allard Shier | Kristen Allard Shier
Once you file your bankruptcy petition with the court, the automatic stay provision of the federal bankruptcy code kicks in. The automatic stay is the legal mechanism that prohibits your creditors from continuing or beginning any collection actions on the debts included in your bankruptcy case. Willful violations of the federal bankruptcy code are punishable under the federal bankruptcy code, and can included money damages.
Answer Applies to: Colorado
Replied: 6/12/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Bankruptcy is a very complicated process. Some creditors are not affected by a bankruptcy (such as child support, alimony, some taxes and others). It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/12/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When you file bankruptcy the court notifies all your creditors of the automatic stay. Creditors are forbidden to contact you. One easy way to deal with a creditor who contacts you is to provide the case number of your case. Sending them a copy of the bankruptcy notice will suffice.
    Answer Applies to: California
    Replied: 6/12/2012
    Steven Alpers | Steven Alpers
    Once bankruptcy is filed a stay is issued. You can let the creditors know the case number and where it was filed. They must then stop all attempts to collect. Taxes and student loans must be paid despite any bankruptcy, but they are not allowed to call or attempt to collect.
    Answer Applies to: California
    Replied: 6/12/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    All the creditors listed on your bankruptcy petition are subject to the automatic stay preventing them from further collection efforts. If the creditors are still contacting you, you should advise them that you have filed for bankruptcy.
    Answer Applies to: Texas
    Replied: 6/11/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    All creditors are affected by you filing bankruptcy. They cannot call you once you file.
    Answer Applies to: Florida
    Replied: 6/11/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    No they are ordered by the court not to do so.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    Law Offices of David H. Relkin
    Law Offices of David H. Relkin | David H. Relkin
    Any creditor that you do not list in your schedules to your bankruptcy, that is to give them notice that you are seeking to eradicate your debts, will not be discharged. So be careful, put everyone conceivable on your schedules when you file. As for creditors calling you, that is a severe violation of the Bankruptcy Code Section 362 which creates an automatic stay of any collection procedures after you file your bankruptcy, they can be liable for sanctions and even attorneys' fees. If you have a lawyer tell him. If not you need to write a letter to them citing the Code Section and threaten them with sanctions for violating the automatic stay. Sometimes, when you are dealing with third party collection agencies it is difficult to determine the identity of the creditor but they are required to identify the creditor on their collection letters.
    Answer Applies to: New York
    Replied: 6/11/2012
    Attorney At Law | Harry D. Roth
    Some debts are non-dischargeable.? However, even those creditors have to stop calling you when you file bankruptcy, at least for a while.? Creditors are not allowed to call you at work if you are not allowed to take personal phone calls at work.? If you are called at work, tell the creditor that you are not allowed personal phone calls. You are not obliged to give them an alternate number. Make a note of the date and time of the call and of exactly what you said. If they call again, after being told no, they are breaking the law and they will owe you money. If that happens, get yourself a lawyer. Creditors are not allowed to call you at home earlier than 8 am or after 9 pm. If they do that, make a detailed note of who called and what you said to them. Then call a lawyer. Also, there is no law requiring you to pick up a phone call you do not want. Let the calls go to voice mail. You can call your mother and your doctor's office back. Now, if you file bankruptcy, all your creditors must stop calling you. Some debts that are non-dischargeable include recent taxes, student loans, child support and criminal fines, including traffic fines. Everyone else will be discharged. Most likely the folks calling you are credit cards, bank loans or medical bills. Those debts are discharged, meaning that you are no longer obliged to pay and it also means that they can never call you about those bills again.
    Answer Applies to: California
    Replied: 6/11/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    Once you file for bankruptcy, you come under bankruptcy protection and have something called "Autostay Protection" it is a direct violation of this if the creditors call you or try to collect debt. Once they know you have an attorney they need to only call your attorney. Furthermore, after you receive your discharge, if they try to collect money from you then you can file a complaint for violation of the discharge order. The bankruptcy affects the creditors in so much as they are not allowed to collect the debt from you any further (keep in mind that some debts are not dischargeable) and so they write off what you owed them as a loss.
    Answer Applies to: California
    Replied: 6/11/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It is "normal." It may not be legal as harassment is against the law. Bankruptcy put an end to 99.9% of it. The ones that bother you after that are scammers.
    Answer Applies to: California
    Replied: 6/11/2012
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    Not under normal circumstances. Any violation of the Stay order should be reported to your attorney.
    Answer Applies to: Colorado
    Replied: 6/11/2012
    Olson Law Firm | Edward M Olson
    All your creditors are affected by the automatic stay when you file for bankruptcy. If they violate the stay (by calling you for example) you report them to the judge. The judge may issue penalties and even has the power to throw people in jail if they are in contempt of the automatic stay.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    Debt Relief Law Center | Roger J. Bus
    After you file Chapter 7 or Chapter 13, your creditors are no longer able to write you, bill you, or call you. Unsecured debts are "discharged" in Chapter 7, secured debts are discharged if the collateral is returned.
    Answer Applies to: Michigan
    Replied: 6/11/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can call but there are limitations. If you feel you are being harassed then you may have a potential lawsuit against your creditors. By filing a bankruptcy then they will all stop calling.
    Answer Applies to: New York
    Replied: 6/11/2012
    Alvin Lundgren | Alvin Lundgren
    As soon as you file all creditors are required to stop making all attempts to collect. Initially you may need to notify creditors of your bankruptcy case number. Notice to creditors goes out very quickly, so all creditors should stop collecting, otherwise they are at risk for sanctions under Federal law.
    Answer Applies to: Utah
    Replied: 6/8/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No. They should not be calling they are violating the law
    Answer Applies to: Florida
    Replied: 6/8/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    It is normal for your creditors to call - often. It is normal for them to be rude and hostile. It is even normal to call at times when it is illegal for them to call. However, bankruptcy will stop the phone calls. The penalties for calling after a bankruptcy filing are severe. More importantly, they know, and they know you know, that you have no obligation to pay them after you file. As a result, they know that calling after you file is a complete waste of their time. Also, if the debt collector can document that you filed bankruptcy, the collector's boss will take your name off the collector's list and add someone else for the collector to harass. The inner workings of the debt collection business are really quite interesting (and slimy). The good news is that bankruptcy is the one effective antidote for people who simply cannot afford to pay.
    Answer Applies to: Massachusetts
    Replied: 6/8/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    By federal law, once you file bankruptcy the creditors are prohibited from contacting you and this includes calling, writing and filing lawsuits.
    Answer Applies to: Georgia
    Replied: 6/8/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes. Until and unless you file bankruptcy, they will attempt to collect the debt from you and can and will call.
    Answer Applies to: California
    Replied: 6/8/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    It is normal for creditors to call, sue, write letters and do a number of other things to collect debts. When a person files a bankruptcy, his creditors are enjoined by the court from contacting you. In most cases this injunction becomes permanent when the case is over. The exception is for debts that cannot be eliminated by a bankruptcy filing.
    Answer Applies to: Wisconsin
    Replied: 6/8/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    Ordinary creditors (banks, credit cards, car loans, etc. )are affected by bankruptcy. You cannot get rid of college loans, sometimes taxes if recent or not filed, criminal fines, child support). Once you file they will not call you again.
    Answer Applies to: Rhode Island
    Replied: 6/8/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No it's not normal, and it shows how badly you screw up when you file pro se. Get a lawyer and he'll stop the calls if possible and figure out how you botched your case.
    Answer Applies to: Georgia
    Replied: 6/8/2012
    The Smalley Law Firm, LLC | Cary Smalley
    If your creditors were included in your bankruptcy then generally they should be prohibited from contacting you while the automatic stay is in effect.
    Answer Applies to: Kansas
    Replied: 6/8/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally creditors are are allowed to contact you seeking collection of the various obligations which you have undertaken. They should not be calling would work especially if they are aware they are calling you at work and most certainly if you have asked them not to. Bankruptcy will offer some relief from the creditors calls but you really need to consult with a bankruptcy attorney to determine whether or not you wish to undertake the procedure and if it has significant benefits for yourself.
    Answer Applies to: Michigan
    Replied: 6/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Unsecured creditors should be all discharged in a bankruptcy filing. It is creditors that are secured creditors which have a right to call and ask for the collateral.
    Answer Applies to: California
    Replied: 6/8/2012
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