What can we do about collection Calls if we have already filed for bankruptcy? 10 Answers as of March 28, 2011

We went bankrupt and included our mortgages in the filing. The loans were discharged over two years ago and the bank is still calling through their collection department. Should we be getting these calls? Some days there are as many as 4 or 5 calls a day. We are still in the home and have not been given a notice to vacate.

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the creditor was granted a relief from the stay, which I would assume since you discharged the mortgages, they are entitled to contact you about making arrangements to surrender and vacate.
Answer Applies to: Indiana
Replied: 3/28/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
You should NOT be getting collection calls after you filed bankruptcy. These calls are a violation of 11 U.S.C. Section 362 Automatic Stay. I tell all of my clients to tell all of their creditors to call me and I take care of this problem for them. Even before the bankruptcy is filed, as soon as I have received the first payment to hire me, I have my clients tell any collectors, "I am filing bankruptcy. Call my lawyer Michael Jay Berger 310 271-6223." Once the bankruptcy has been filed, the Bankruptcy Court provides all listed creditors with a Notice of Automatic Stay. I am happy to have my staff inform any creditor that has not gotten the message that my client has filed bankruptcy. I provide the case number, the chapter and filing date, and that is usually enough to solve the problem and stop any harassing phone calls to my clients. In the rare case that calls still continued, I will personally call the offending creditor and threaten to file an Application with the Bankruptcy Cause for an Order to Show Cause re Willful Violation of the Automatic Stay. If you are no longer represented by counsel, or were never represented by counsel, try giving your bankruptcy case number, chapter and filing date to the collectors that keep calling you. Also, give them a copy of the Order of Discharge of Debtor that wiped out your debts to the creditors in question. This should solve your problem.
Answer Applies to: California
Replied: 3/24/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
If the debt was discharged in bankruptcy, then the debt collector is in violation of the discharge injunction and you can sue them. You must notify them in writing to cease and desist and provide your bankruptcy notice of discharge, then if the calls continue, you can sue.
Answer Applies to: California
Replied: 3/24/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Bankruptcy will not discharge your mortgage and allow you to keep the property. You should have listed whether your intent was to keep the home or surrender it. If you listed that you wanted to keep the home, you should have continued making the mortgage payments. If you listed that you wanted to surrender the property, then you were saying you want to give up your rights to the property. In order to keep your secured property in bankruptcy, you must maintain the payments on the property during and after bankruptcy.
Answer Applies to: California
Replied: 3/24/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Log the calls, write down the dates and times. Take pictures of the incoming calls on your phone. You will have an excellent case against them for violating the Fair Dept Collection Practices Act. Find a lawyer who handles those kinds of cases. If a lawyer doesn't take you seriously, find one who will. These are very good cases.
Answer Applies to: California
Replied: 3/24/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You must talk to the attorney that filed your bankruptcy. If you bankrupt the debt, they should not be calling you.(give them case #) It can take a while to get a notice to vacate. Normally not two years. Call your attorney. You may be able to go after debt collectors.
    Answer Applies to: Alabama
    Replied: 3/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    The answer to your question depends on whether or not you "reaffirmed" your mortgage debt. If you reaffirmed the mortgage on your home, then it is as if you never filed a Bankruptcy for the mortgages. If you did not reaffirm the mortgage, then it would be a good idea for you to inform the caller of the Docket Number for your Bankruptcy, tell them the debt was discharged and that they are not to call again or you will report them for violations of the Fair Debt Collections Practice Act.
    Answer Applies to: New Hampshire
    Replied: 3/24/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You can seek a contempt of court sanction against them for violating the post discharge injunction of 11 USC 524. This assumes that they are contacting you to collect the debt owed on the mortgage, not regarding foreclosure which they have a right to do despite the bankruptcy.
    Answer Applies to: California
    Replied: 3/23/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    You should tell them that you filed BK and the debts have been discharged. Also, tell them to cease and desist from contacting you, their communications are a violation of the FDCPA and are actionable.
    Answer Applies to: Washington
    Replied: 3/23/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I suggest you contact the collect agency, advise them of the bankruptcy and the discharge, provide proof of both if necessary, and advise them that if they continue to try and collect against you, you will speak with an attorney. Please note, however, that they will likely foreclose on the home as soon as possible and have you removed if you aren't paying on the mortgage.
    Answer Applies to: California
    Replied: 3/23/2011
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