When Do The Creditor Calls Stop in Raleigh, NC?
When your filing is received by the Bankruptcy Clerk,
the court sends out an order to all the creditors listed in your petition prohibiting them from taking any action to collect debts. They are not supposed to call you at home or at work. However, up to the time that you file your case with the court, creditors are free to pursue lawful collection efforts. We file after all papers are reviewed and signed, and after you have paid your entire attorney fee, class fee, and, depending on your residence, the court filing fee. Sometimes we can get the court filing fee and class fees waived for lower income individuals and families. (In a Chapter 13, generally most of the attorney fee is paid post-filing in the plan, and that is fine.)
If you receive verbal or written demands
from creditors after your case was filed, and you notified them of your bankruptcy number and our name and phone number, contact us. If the creditor contacted you by telephone, you need to get their phone number and name of the person calling you, the name of the creditor or the collection agent, the mailing address for such party, and how much money they want you to send. It is best to “act stupid” and “be nice”, but also alert them to your bankruptcy. If the contact is via mail, then you need to save the envelope for proof of the postmark date, as well as saving its contents.
Creditors who contact you after being advised of your bankruptcy case
are subject to various sanctions for contempt of Court and other violations of Federal Law. Often the Bankruptcy Court will award monetary damages to you (including legal fees) for such violations. These cases are taken on a contingency fee arrangement and are separate from your bankruptcy. Please be assured that the Bankruptcy Court takes these matters very seriously and that they are vigorously pursued.
If you are concerned about relief
between now and filing the bankruptcy, our experience has been that when our clients have informed unsecured creditors that they have an attorney to file bankruptcy, the creditors have stopped the harassing telephone calls. They WILL contact us. You must have paid at minimum $300 for Cameron Bankruptcy Law to take your calls.
What If a Creditor or Credit Card Company Harasses Me AFTER Bankruptcy?
We often hear that clients are still getting notices,
letters, and phone calls from Creditors because the Creditors’ collection departments claim they never got a copy of the 341 meeting notice.
To prepare for this, we suggest
you make several copies of your 341 meeting notice. If you get a bill after filing, send the Creditor a copy of the notice. He probably did not get it in the mail. Within seven to ten days after the Court gets your petition, you, the creditors, and your attorney will receive a notice in the mail specifying when and where this 341 meeting will be held. A notice will be sent to your attorney by email within 2 days.
If you continue to get calls after the creditors have been noticed,
tell them that you are recording the call, that you have filed bankruptcy, and give him your case number. Give the Creditor the benefit of the doubt if he attempts collection action right after you’ve filed your bankruptcy, but if the Creditor persists or becomes abusive, gather proof by recording the call so you can take legal action against him.