Can I get threatening phone calls if I already said I was filing fo bankruptcy? 27 Answers as of February 27, 2012

Give them your attorney name and number. They are supposed to call attorney to verify representation. Once representation is confirmed they are not supposed to contact you. If you are still being contacted by creditors they are in violation of florida sate and federal debt collection laws. Advise your attorney of the threatening calls.

Yes. Creditors have no legal obligation to stop calling you or otherwise attempting to collect a debt until the bankruptcy case is actually filed. However, if you hire an attorney, and the creditor verifies that the attorney has been hired they will usually leave you alone for a few months as a courtesy to give you the chance to file the case.

Just because you informed them you are filing bankruptcy means nothing. You are only protected from phone calls after you actually file.

The next time they call, inform them that you've retained counsel in this matter and that they should not contact you directly again, but rather may contact your attorney directly with any questions they may have, and then give them your attorney's name. Further inform them that you believe they may be violating the laws concerning consumer fair debt collection practices.

Until your Bankruptcy is filed, creditors can still call you.

If you tell the creditor that you are represented by an attorney they are not supposed to contact you directly anymore. Therefore, make sure you give the creditor the name and phone number of your attorney and put it in writing if necessary (and keep a copy as you might be able to get damages later). If they continue to disregard the law then just don't answer their calls or hang up on the creditor but keep track of the calls, keep copies of the notices and other information that might help the attorney sue for damages. You can also ask the attorney to send the creditor a letter threatening legal action for violation of consumer protection statutes.

Filing bankruptcy gets you the protection of 11 U.S.C. Section 362 Automatic stay. This includes the protection from threatening phone calls from debt collectors. Saying you are going to file bankruptcy, or hiring an attorney to file bankruptcy for you but not actually filing, does not get you the protection of the automatic stay. Until you actually file bankruptcy, you can tell your creditors who call you, "I am filing bankruptcy. Call my lawyer." Then give them the name and telephone number of your attorney. Taking creditor calls is one of the many things that I do for my bankruptcy clients.

They can, but you should tell them that you have an attorney and give them your attorney's number and politely say good bye and hang up.

Yes, they can do that until your case is filed and they receive notice.

Why do you not ask your own attorney this question? I do not want to back-seat drive another attorney's work. Your attorney usually has a procedure to handle creditor calls and keep them from calling you, usually with a cease and desist letter. But you need to let him know.

Until you have filed for bankruptcy, creditors can make collections calls.

Yes, you can still get calls from a creditor if you hired an attorney. Hiring an attorney does not stop the calls, what stops creditors is the actual filing of your case. You need to get this case filed immediately.

Talk to your attorney immediately if you believe a creditor is violating the Fair Debt Collection Practices Act. He or she will be able to advise you of your remedies.

Yes. The calls are supposed to stop after you file and the creditor gets notice of the bankruptcy.

No, send them a letter informing them that you are represented by counsel, demand that they stop calling you and send it certified mail, return receipt requested. Also let your attorney know about it.

They can call you until you file. Collectors hear people tell them all the time that they are filing who never do, so telling them means nothing to them. Once you file, the automatic stay in bankruptcy prohibits any further contact.

You should refer creditor calls to your attorney. Do not talk to creditors other than providing attorney's name and phone number. Answer all questions with this response only. If you expand on this response you will continue to receive phone calls.