Will a bankruptcy stop my creditors from calling? 33 Answers as of June 24, 2011

I am filing for bankruptcy and want the creditors to stop calling, I have told them that I will file but they won’t stop calling. What do I have to do to make them stop?

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Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Filing bankruptcy will stop creditors from calling you and harassing you....once they are aware of your filing. It is unlawful for them to contact you after they have notice of filing. In fact there are certain Federal statute that award damages to the debtor such as Fair Debt Collection Practices Act. Then when they call after you file, give them the filing number and keep a diary of if they call again. When they do, they have violated the automatic stay and the FDCPA and you may pursue them for damages. For more info, please contact us.
Answer Applies to: Connecticut
Replied: 6/24/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, filing will make them stop. They have to either have seen your filing online, or have gotten notice, or have a lawyer's name before they'll stop. Please have a lawyer help to be sure it's done right and helps you with the stress.
Answer Applies to: Virginia
Replied: 6/20/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
An actual bankruptcy filing should stop the vast majority of creditors from calling. If any of them do contact you after the file date, I would simply provide them with the case number.
Answer Applies to: Oregon
Replied: 6/20/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
The automatic stay which goes into effect when a bankruptcy case is filed prohibits any collection action by your creditors.
Answer Applies to: California
Replied: 6/17/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
You have to actually file to get them to stop. I usually tell my clients to refer creditors to me which tends to significantly reduce the calls received by my clients. But until you have an attorney or actually file, creditors can and will continue calling you.
Answer Applies to: Arizona
Replied: 6/17/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Actually filing bankruptcy will make your creditors stop calling. 11 U.S.C. Section 362 Automatic Stay is the law that does this.
    Answer Applies to: California
    Replied: 6/17/2011
    California's Largest Family of Attorneys
    California's Largest Family of Attorneys | Doan Law Firm
    We will call the creditors and make them stop calling even before you file for Bankruptcy.
    Answer Applies to: California
    Replied: 6/17/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Yes - you'll be protected by the automatic stay. If they keep calling, tell your lawyer to seek damages. The Bankruptcy Code section you need to know is section 362(k).
    Answer Applies to: Illinois
    Replied: 6/17/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Once you hire an attorney you can have all the collection calls to you stopped. Additionally, once you file bankruptcy the calls should stop. Telling the creditors that you plan to file alone will not be enough to stop the calls.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    Yes, bankruptcy will theoretically stop the calls, but it doesn't always work that way. By law they are required to stop calling, but in many cases debt collectors continue to call. If that is the case make sure you contact your attorney. Continued collection efforts while you are in bankruptcy is a violation of the FDCPA and possibly your state laws. That is provided that you included them in your bankruptcy petition. Your attorney can file an action in bankruptcy court for this violation and you may be entitled to civil penalties for the violation. This is also the case after your bankruptcy is discharged. If the debt was discharged in bankruptcy, they are not permitted to continue to try and collect.
    Answer Applies to: North Carolina
    Replied: 6/17/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Yes, a bankruptcy will make your creditors stop calling.
    Answer Applies to: Oregon
    Replied: 6/17/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Once your case is actually filed the creditors are prohibited from calling or taking any collection actions.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    There are (fairly toothless) fair debt collection practices acts designed to deter creditors from calling; the express goal was to obviate the need for bankruptcy by curtailing undue influence and oppression... suffice to say it was a lofty goal. In any event (even toothsome) fair-debt laws won't preclude garnishments, attachments, and property-seizures. Calls are the start of a long, dark path. Bankruptcy truly stops the calls and eliminates the debt itself.
    Answer Applies to: California
    Replied: 6/17/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    You can tell them to cease & desist all communications, you've retained counsel and it should stop. After you file, the Automatic Stay will bar them from proceeding.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can file right away, that will stop them OR send them a letter via certified mail, return receipt telling them to stop calling. Keep a copy of the letter for your records. If they call you after that you can sue them.
    Answer Applies to: California
    Replied: 6/17/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You must actually FILE the Bankruptcy for them to stop.
    Answer Applies to: New Hampshire
    Replied: 6/17/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    Once your case is filed most of the calls will stop. Those that continue to call - advise them you filed bankruptcy and give them your case number, chapter of bankruptcy filed, location and date of filing - they must stop calling after getting that information.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    File your case asap.
    Answer Applies to: California
    Replied: 6/17/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Only the filing of the bankruptcy petition with the bankruptcy court will stop them from calling. Upon filing, an "automatic stay" against collection goes into effect with an "Order for Relief." 11 USC 362(a).
    Answer Applies to: Indiana
    Replied: 6/17/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    You need to actually file the bankruptcy to stop the calls.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Telling your creditors that you will file bankruptcy is not the same as actually filing. Once you have filed, you should notify your creditors that you filed and provide them with your full name, your account or loan number, the bankruptcy case number, date of filing and the federal district court in which you filed the bankruptcy. Once the bankruptcy case is filed, an "automatic stay" or federal court injunction goes into effect that prohibits most creditors from contacting you in an attempt to collect their debts. Once they have knowledge of the automatic stay, if they continue to contact you, report them to your attorney. Your attorney can file an action in bankruptcy court asking the judge to award you damages, costs and attorney fees against the offending creditors.
    Answer Applies to: Texas
    Replied: 6/17/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Your creditors must stop calling once they are notified that you have actually filed for bankruptcy. An automatic stay, which prevents them from contacting you, goes into place when you file. I usually tell my clients to give them one call, where you tell them that you have filed bankruptcy and give them your case number. After that, start keeping track of the calls and consult with your attorney to see if someone has gone over the line and your attorney needs to go after them for the violation of stay. Good Luck!
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Filing bankruptcy will make them stop. Telling them to call your lawyer will also make most them stop. (Assuming you have a lawyer.) Debt collectors have to stop calling when you send them to your lawyer. Original creditors usually will out of politeness; and in some states they have to stop calling, too, when you tell them to call your lawyer.
    Answer Applies to: Virginia
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Telling them you will file without filing is frankly a horrible idea and will cause them to call more. Once you file, assuming you get a lawyer, your lawyer will make sure the calls stop and proper notice is given.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    File. Filing bankruptcy puts in place an injunction from creditors continuing to collect, including making telephone calls.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    You have to actually file a bankruptcy and have a case number to provide the creditors calling you. Bankruptcy is filed through the Case Management/Electronic Case Filing (CM/ECF) system. This system will generate a case number as soon as you file your case. If creditors continue to call after the third business day from the date of filing you need to notify your attorney to ensure they were listed on the creditor matrix.
    Answer Applies to: California
    Replied: 6/16/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes, it will stop collections and calls.
    Answer Applies to: California
    Replied: 6/16/2011
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