Going after bill collectors after then been notified abut my bankruptcy

[dafwmademedoit]

Alright here we go, My attorney filled my chapter 7 first week in January 08, My first court date is 02-05-08, She sent out paper work to my creditors, now she say once they are notified they are supposed to stop calling, well of cource a couple have not, what they do know is when they call they here my voice and then a recording comes over the phone and says for me to call them, before it was a live person, of cource i called back and when a live person speaks i just say my name, attorney name and case number,,,,,,,but has anybody out there gone after a creditor for harassment and is it worth it and do the courts do anything about it or what,

[HHM]

You need to speak to your attorney about this.

It's still a little early for there to be a pure violation of the automatic stay, its only been 10 days from the date you filed. You can go after them in BK court for a violation of the automatic stay, but most people do not go to the trouble. (but more should).

You will probably see the calls drop off starting next week as the BK notices filter through.

[dafwmademedoit]

Yes, i have, but i belive these creditors that are calling now are just another arm of the original creditors, because before o filled they did not call, now a whole new bunch of collectors are calling, examlpe i filled against Sprint, now a RPM collection agency calls me which does collection for Sprint,,

[wayne-o]

if sprint sold your debt, the new creditor may not know you have filed. I know every case is different, but anytime someone called after I filed, I gave them my attorney's name and case number and never heard from them again.

[brokeinmichigan]

This happened when we filed last spring, too. The calls will stop soon. In the meantime, return their calls at the number they leave and wait for the option to "speak with a representative", or "if you are calling from a rotary dial phone, please hold for the next available...". In other words, don't press any buttons for their automated services. When you get a human on the phone, please ask them to update their records. Give them your attorney's name, address & phone number, as well as your BK filing number. I actually had numerous creditors apologize for "bothering" me and even wished me good luck! It'll get better soon...hang in there.

[Flamingo]

Yes, i have, but i belive these creditors that are calling now are just another arm of the original creditors, because before o filled they did not call, now a whole new bunch of collectors are calling, examlpe i filled against Sprint, now a RPM collection agency calls me which does collection for Sprint,,

Once the creditors start receiving notice of your filing, the calls will start to slow down. From the point of your filing until that time, it seems to take forever but they will eventually slow down. We answered them during that interim (weeks after filing) and gave them our case number, attorney's name and phone number. The majority never called again after getting that information. In your case it seems accounts may have been turned over to collection agencies right before your filing so you are getting them calling you instead of the creditor. I would still answer the calls and provide the filing information. Keep a listing of who calls and who you gave that information to and when. If they call again, tell them the information was already provided to them and they will be receiving notification from the Court. Give it a few weeks and you will see if drop off to nothing with those efforts. But the problem is you have to answer the phone and give them the filing information. Many don't want to do that; it worked for us and what a relief after a while! Our phone rang constantly right before we filed and for a few weeks after cause we stopped paying accounts in February so we were 30 days late a few weeks prior to filing on most accounts..

[whywhywhy]

Yes, i have, but i belive these creditors that are calling now are just another arm of the original creditors, because before o filled they did not call, now a whole new bunch of collectors are calling, examlpe i filled against Sprint, now a RPM collection agency calls me which does collection for Sprint,,

Ha...thats kind of funny, I got a letter from RPM on Friday regarding my sprint bill. I just called, gave them the Ref # on the letter, told them I filed bankruptcy, they asked for my attorney's name and phone # and the bk case #, it was short and quick and they didnt say anything beyond asking for those three pieces of information

[Ming_Ming_Duck]

There's always that lone collector, still hoping for, well, what? I was one of the ones who managed to avoid taking all collections calls--thanks to caller ID and the different ring tone when a long distance call comes through, I let all of them go to my voice mail.

After we filed--probably 4-5 weeks after!--I saw a call come through and I recognized the name of the firm as one of the collection agencies listed on our petition. Well, I decided to pick up, just for kicks. The guy was sweet as pie, and I so was I (except I was doing it to be facetious!). He acted SHOCKED when I told him I filed, and took the info for my attorney--and said, "Thanks, Dear." ROTFL. Betcha if he hadn't realized that he was in contempt of court he wouldn't been so sweet!

Anyway, keep on top of them. I pretty much knew when my petition had been filed, without even receiving copies, because one day, the calls just stopped. Except for that renegade agency. And if they keep calling you, it's THEM who's in the wrong, not YOU!

[dafwmademedoit]

I HEAR YA, all of you, lol, thanks, i guess it just me, because some of these guys i give all the info to them and they just keep calling,, maybe it my personality,,, NOT, lol alright then