What are the regulations on creditors trying to collect on bankruptcy fraud? 24 Answers as of June 28, 2011

I filed for bankruptcy 6 months ago and collectors are still calling me despite me notifying them that I filed a chapter 13. What can I do to have them stop calling?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
When they call you, be prepared to give them your filing date and case number, as well as your lawyer's phone number. They are violating the Bankruptcy Code as well as Fair Debt Collection Practices. As a result, if they are willful in their violations, meaning that they had prior knowledge that you filed, (and you can prove that) then you are entitled to monetary damages of up to One Thousand Dollars, plus the attorney fees incurred in going after the creditor. This is a great way to put the debt collector in its place. If it is not a third party debt collector and it is the original creditor, the FDCPA does not apply. However, there is a comparable Act for creditors who do not recognize the automatic stay of bankruptcy or the discharge of their debts. Please contact us if you wish to know more. Thanks for tuning in!
Answer Applies to: Connecticut
Replied: 6/28/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You should have your BK attorney contact them and provide them with the notice of BK filing.
Answer Applies to: Washington
Replied: 6/22/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
You can send a cease and desist letter to the creditor and if the calls continue you may be able to file a FDCPA violation lawsuit.
Answer Applies to: California
Replied: 6/21/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
File a Motion For Damages due to violation of the automatic stay.
Answer Applies to: California
Replied: 6/21/2011
Shmucher Law, PL
Shmucher Law, PL | Ofer Shmucher
Sometimes creditors continue to call a debtor after the debtor has filed for bankruptcy, and this is illegal for them to do so. If you have a creditor calling or mailing you demands after you have filed for bankruptcy then you should do the followings things. First - review your bankruptcy paperwork to determine if the creditor was actually listed in your bankruptcy petition. If they were then the next time they call you just tell them that you filed for bankruptcy and give them your case number. If they weren't added have your attorney go back and add them asap. This should stop all the calls however if it continues you may seek the assistance of a local attorney who will be able to file a suit against the creditor for a violations of the automatic stay.
Answer Applies to: Florida
Replied: 6/20/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    If you did not include the creditors in your chapter 13 bankruptcy then you filed bankruptcy incorrectly and you need to amend your plan to include them. If you filed a chapter 13 and then had it dismissed you will receive no protection from these creditors unless you re-file after the 180 day period. Please contact a bankruptcy attorney licensed in your state.
    Answer Applies to: California
    Replied: 6/20/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need to get your lawyer on their tail. If you don't have a lawyer, get one. You have a remedy. It is called "violation of the automatic stay." Write down the date and time of each call. You will need that information to go after them.
    Answer Applies to: California
    Replied: 6/20/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    The creditors will stop calling after awhile.Just make sure each one receives a copy of the official Notice of Bankruptcy.
    Answer Applies to: Oregon
    Replied: 6/20/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Calling you after filing for bankruptcy is prohibited pursuant to the Automatic Stay and would subject the creditors to monetary sanctions. You should tell them they have violated the stay and seek sanctions through the bankruptcy court. This does not apply to creditors who have successfully sought lift of the automatic stay or the type of creditors to whom the stay does not apply.
    Answer Applies to: Indiana
    Replied: 6/20/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    If fraud was committed they may come after you for 5 years or more.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    The automatic stay operates as an injunction to most collection efforts against you and property of the bankruptcy estate while your case is pending. If the creditors who are calling you were not given notice of your case, they may not know that you are in bankruptcy. If they did receive notice and continue to call, you may bring an action against them in bankruptcy court for violation of the automatic stay. You should speak to your attorney immediately.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Generally the automatic stay pursuant to 11 USC 362 (a) prohibits post-petition collection activity. Doing so is violation of a federal court order. It could be inadvertence. However, you mention fraud: creditors may still sue post-petition on the grounds of fraud to establish non-dischargeability of a debt (i.e. if you ran up debt with a pattern that implied non-intention to repay).
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    If you have a case on file, advise your attorney that creditors are calling. They are violating the law and subject to serious sanctions.
    Answer Applies to: California
    Replied: 6/20/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you have already told them that you filed and gave them your case number, they should have stopped calling. It is violating the automatic stay for them to continue to call you. Either you or your attorney may have to write to them and include a copy of your notice of filing as well as a copy of the appropriate schedule showing that they were listed and tell them that you will ask the judge to find that they are violating the stay and award you money for the inconvenience (and illegality). Get with your attorney immediately with time and names of who called and when. You have to have it documented because the first thing most creditors do, is check what you say against their records. Good Luck!
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Make sure you get the name and address of any creditor that calls you. I would then send a letter warning them that they are in violation of the automatic stay in bankruptcy. If they do it again, I sue.
    Answer Applies to: Pennsylvania
    Replied: 6/20/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Contact your bankruptcy lawyer and enforce the automatic stay. You can recover actual and possibly punitive damages under Bankruptcy Code section 362(k).
    Answer Applies to: Illinois
    Replied: 6/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    I assume you filed it yourself or you would be asking your attorney this question. Are you making payments on your plan? Has the plan been confirmed? If you are actually still involved in a ch 13 creditors should not be calling. If your case has not been dismissed then simply telling creditors that you are in bk and providing the case number should stop them cold. Sounds like something is very wrong with your case.
    Answer Applies to: California
    Replied: 6/17/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    You simply tell them "Don't Call me any more" and then hang up the phone. Legally, they are required to obey this. You are probably having a discussion with them about this, which is the wrong move because it is an invitation to call you more. For further information, it's best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    I don't understand your question. The summary refers to fraud. If you committed fraud they may object. If not, they have no business contacting you and your lawyer can sue, as this is a clear violation of the bankruptcy stay.
    Answer Applies to: Virginia
    Replied: 6/17/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    If they have notice of the bankruptcy then you can file a motion to hold them in contempt.
    Answer Applies to: Arizona
    Replied: 6/17/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is a time limit in bankruptcy to file a nondischargeability lawsuit based on fraud. That time is sixty days after the date first set for the meeting of creditors. Creditors are stayed (stopped) from contacting you after you file bankruptcy otherwise they are in violation of the automatic stay and can be sued by you, among other things. Be sure your creditors received notice of your filing.
    Answer Applies to: California
    Replied: 6/17/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You would have to file a motion for violation of the automatic stay. This motion is usually harder than a person who files his own case can handle.
    Answer Applies to: California
    Replied: 6/17/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can continue to get called if you filed pro se and do not know how to address it. Or you can get a lawyer, and your lawyer will (1) make sure proper notices were served (you may have used an address that is not correct for bankruptcy), and (2) tell the creditors to stop. If they fail to stop, he will file the proper motions to sue the creditors and may even collect attorneys fees and damages for you. (In answering I am assuming this is not a refiling in which creditors CAN contact you if you failed to make a proper motion to reimpose an automatic stay).
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Your attorney can file a motion to address this apparent violation of the automatic stay or failure to include the creditor in your schedules.
    Answer Applies to: Ohio
    Replied: 6/17/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney