How can I stop post bankruptcy claims? 23 Answers as of August 29, 2011

My creditors are still trying to my claims on my bankruptcy. I dont know how to stop them. What can I do?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
File a motion to find creditor in contempt.
Answer Applies to: Michigan
Replied: 8/29/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If their debts were discharged in the Bankruptcy, provide the creditor with the discharge order.
Answer Applies to: Washington
Replied: 8/22/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Tell them they are violating the Automatic Stay and if they call again, you can ask the bankruptcy court for monetary sanctions in your favor.
Answer Applies to: Indiana
Replied: 8/22/2011
Law Office of Andrew Harris
Law Office of Andrew Harris | Andrew Harris
IF the debts were incurred prior to filing, it is illegal for the creditors to attempt to collect from you. Contact your attorney and provide the information of the creditor that is attempting to collect on the debt. The law firm should send out letters telling the creditor to stop contacting you.
Answer Applies to: Oregon
Replied: 8/22/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
It is illegal for creditors to continue trying to collect on discharged debts. Assuming your case was filed correctly and you received your discharge, the creditors should be notified of this and provided a copy of your discharge.
Answer Applies to: California
Replied: 8/21/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Contact the attorney who handled your case. If you properly scheduled your creditors, any attempt to collect a pre-petition debt is a violation of the automatic stay. The creditor is liable for damages and contempt. Have you provided the creditors with a copy of your Notice of Meeting of Creditors and your Order Discharging Debts? Often that takes care of it.
    Answer Applies to: Colorado
    Replied: 8/21/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    That's a great question! When you file a bankruptcy case, you almost always get a discharge. And that discharge stops creditors from bothering you in any way over any debt you had before the bankruptcy. So call your lawyer or call us and we will make them stop. And we frequently can make them pay for this wrongful act too.
    Answer Applies to: Illinois
    Replied: 8/20/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You can hire a lawyer, who can make them stop. Often you can also receive money from an improper attempt to collect on a debt that has been discharged in bankruptcy.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Collecting on a discharged debt after bankruptcy is a violation of the bankruptcy code's injunction. You can sue them in the bankruptcy court for sanctions and fees for the violation. Your bankruptcy attorney should be able to help you.
    Answer Applies to: Utah
    Replied: 8/20/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Advise creditors of the bankruptcy. Continued collection efforts against discharged debts is actionable and damages and attorney can be recovered.
    Answer Applies to: Mississippi
    Replied: 8/19/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    You should be able to interest a real bankruptcy attorney ih your case. We can make money from a violation of your discharge. Go see an experienced bankruptcy attorney. Good Luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
    Answer Applies to: Ohio
    Replied: 8/19/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Call around - find a lawyer who file a discharge injunction OSC.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Send them a copy of your discharge and tell them if they contact you again you'll file a complaint in BK court for violation of the discharge. Then retain a lawyer and do it.
    Answer Applies to: Virginia
    Replied: 8/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It sounds like you filed pro se (big mistake). Get a lawyer. In most bankruptcy creditors cannot contact you after filing. But, when you act pro se, they can send you anything that usually a lawyer handles, and almost everything you get needs a response, in proper form, at the right time. This is not a pro se project. Bankruptcy is complex. Get a lawyer well before your hearing date to (1) clean up the papers and (2) respond to pleadings.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When you file bankruptcy there is an automatic stay that prevents continued collection action. Make sure all debts are listed so your creditors receive notice. If you still get collection calls you might want to send the creditor a copy of the notice. Also, provide the case number and date filed to anyone phoning you.
    Answer Applies to: California
    Replied: 8/19/2011
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    If these are debts that were from before filing bankruptcy and notice was given to them of the bankruptcy (listed on the petition) then they are required by Federal law to stop collection. Sometimes the creditor has so many offices that they do not know about it and still try to collect. In that case make sure you answer the phone and tell them about the bankruptcy including the case number and date of filing. You can take down their name and tell them if they call again it is a violation of Federal law. If you get a letter send a copy of the notice from the court to them instead of a check. They should get the message. Non dischargeable debts such as student loans and taxes as well as secured loans may still collect or go after secured property after your discharge.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you listed them in the bankruptcy then they are stayed from collection. I recommend sending them a letter with a copy of your discharge order or notice of filing. Keep a copy for your files. If they continue to attempt to collect then you can file a motion with the court seeking sanctions against them.
    Answer Applies to: Nevada
    Replied: 8/19/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Make sure you included these creditors on your bankruptcy petition. If you forgot to include them and the debts are pre-filing debts, then amend your petition to include these creditors and send notice of the bankruptcy to them. If you included them in your petition then tell them you have filed for bankruptcy, give them the case number, and remind them that it is against the law for them to try to collect a debt directly. They must file a claim with the bankruptcy court.
    Answer Applies to: California
    Replied: 8/19/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    I'm not sure I understand your question. I assume you are telling me that your creditors (that were listed in your bankruptcy case) are continuing to harass you even though you filed a bankruptcy case. If that is true, you may have a cause of action against the creditors for violation of the Fair Debt Collection Practices Act. Contact your attorney or an attorney that specializes in FDCPA cases.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    You need to file a motion for violation of discharge injunction.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Hire an attorney to hold them in contempt for violation of the court's permanent injunction.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    The Larkin Law Firm
    The Larkin Law Firm | Jeffrey Larkin
    This happens way more than it should. I sue creditors all the time if they continue to try to collect against you after they are aware of the BK filing and I can put $ in your pocket. I take these cases on a contingency basis so there are no out of pocket expenses to you. I only get paid if I recover you $. I handle cases throughout the entire state so if you are interested in having me review your case please let me know.
    Answer Applies to: California
    Replied: 8/19/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If you listed them on schedule F, and their address also appear on the creditors matrix, file a motion with the bankruptcy court and ask for sanctions.
    Answer Applies to: Florida
    Replied: 8/19/2011
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