When you file bankruptcy, one of the most advantageous and quick-acting benefits is the automatic stay. The automatic stay of bankruptcy legally requires collectors to stop actions seeking payment on debts included in the bankruptcy. Once the bankruptcy discharge is issued, you are no longer liable for debts included in the bankruptcy. So, you could say that the automatic stay is simply a preview of what comes at the end of a successful bankruptcy. However, sometimes creditors don’t abide by the rules.
What To Do If You Just Filed Bankruptcy, and Creditors are Still Contacting You:
If you filed your case recently, your creditors may not have received the notice yet. The quickest way to address the situation is to answer the call, advise them that you filed bankruptcy, and give them your bankruptcy case number and the date you filed your petition. Make a note after the call, detailing the date, which creditor was calling, the name of the person you spoke to and that you provided them with your bankruptcy information.
What To Do If You Gave the Bankruptcy Court the Wrong Address for a Creditor:
If you discover that you provided the bankruptcy court with an inaccurate address for one of your creditors, you can update the address with the court. There is no filing fee to correct an address for a creditor already listed in the bankruptcy. Once you update the address, make sure to send a copy of the bankruptcy notice to the creditor at their correct address, as they likely did not receive the initial notice sent by the court. You’ll probably get the original notice returned to you as undeliverable, and you can just resend the same notice out to the creditor’s correct mailing address.
What To Do If a Creditor Keeps Contacting You Even After You Give Them Your Case Number:
Creditors should be completely aware that they are not allowed to contact you after you have provided them with your bankruptcy case number. Almost all creditors will stop collection attempts as soon as they get a bankruptcy case number. If this isn’t the case, and a creditor continues to contact you for payment even after you have provided your bankruptcy case number and information, bring the situation to the bankruptcy court’s attention. If the court discovers that the collector intentionally ignored your bankruptcy filing and keeps harassing you, they can sanction the creditor for violating bankruptcy law.
What To Do If You Realize You Forgot to List a Creditor in Your Bankruptcy Petition:
If you forgot to list a creditor completely, they won’t receive notice of your bankruptcy. If you realize you have a creditor that was not included as a creditor on your schedules, you should file an amendment adding the missing creditor. Once they are added, they will receive a copy of any future notices related to the bankruptcy. If you realize you did not include a creditor in your bankruptcy petition, and you intentionally do not add them once you discover the oversight, the balance owed to them may not be discharged. While it is important that you add any missing creditors you may discover, a creditor is still required to stop contacting you once you advise them of your bankruptcy (even if you forgot to include them on your schedules).
We understand that financial struggle is complex, and we want to help. If you have questions about bankruptcy and how to get collectors to stop calling, please don’t hesitate to contact Ken Rannick. You are in good hands with Kenneth C. Rannick P.C.