Stay Violation during Bankruptcy
When you file for bankruptcy, a stay is in placed by federal law. What this means, is that all your creditors that were hounding you prior to filing can no longer hound you. If they continue to call after they have received notice of your case being filed, they can be pursued for a stay violation. By law, after notification, they can not call you; they have to go through your attorney’s office.
What do you need to do as a debtor? You need to take down the full name of the person who is calling, their phone number and their address. This information will be helpful if we need to pursue them further. You provide this information to your attorney’s office and if they call again after receiving notification then your attorney can pursue them for violating federal law.
You run into creditors that don’t like to follow the law, and this can be difficult to make them understand, but I am sure once they receive the suit in the mail stating we are pursing for violation of the automatic stay, they may open their eyes and realize they are in trouble and in the wrong.
If you are having problems with creditors calling and hounding you after you case has been filed, contact your attorney’s office to find out what they want you to do.
Please fill out our free evaluation form to determine if bankruptcy is right for you.
