People who are behind on their payments often get several calls a day from the same company. Can these creditors continue to call you after you file for Bankruptcy protection?
We can stop creditor’s calls once we are retained and before the bankruptcy is filed. We will notify creditors that our office is representing you and all further communications are to go through our office.
The day the bankruptcy petition is filed, all creditors who have notice of the filing, are stopped from the collection, except child support creditors. Creditors, who have notice of the bankruptcy and who call you after the bankruptcy is filed are usually calling to collect on their debt, not to just shoot the breeze or be sociable. Collection activity after filing bankruptcy by creditors who were listed on the bankruptcy petition is prohibited and you have swords to shield yourself from this type of activity. Please notice that the creditor must have noticed.
We, at Christiansen Law Offices PC, do our best to ensure all the creditors are listed; our clients receive a copy of the credit report and instructions to send us information on all creditors who are not listed on their credit report; our clients receive a draft of their petition for review before the in-office appoint to sign their petition where we go over each page of the petition with them for the last review of information and to make sure they understand what they are signing.
The debtor must do his or her best to list every creditor. The address for the creditor must be an address that the creditor will receive notice at. If the debtor discovers an unlisted creditor after filing his or her petition, then the debtor is required to amend their petition to include the creditors’ information so the creditor receives notice of the bankruptcy and the discharge.
No matter how thorough we and the clients are, sometimes creditors are omitted when the petition is filed. The Bankruptcy Code allows for amending the petition. The cost is a small filing fee ($30) and a small attorney fee
Chapter 13 cases go on for 3 to 5 years and often events occur where you need to borrow additional money due to an emergency. We notify the court for you of these new creditors so the new creditor's claim are included in your discharge.
Creditors are not prevented by law from calling until the bankruptcy case starts, so who do you want them to call, us or you? Our clients have the option of telling their creditors that our office represents them and all further communications are directed to our office. The creditors must comply with this request or face the consequences of a lawsuit, where if successfully, you will collect statutory damages and attorney fees. We do this to make your life a whole lot easier in or out of court.