Collector Calls
Should I be doing something about collector's who are calling even though I filed on 7/1/08 and they were included in my petition? I've notified my attorney's office, I am guessing that is all I have to do?
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yeah they're likely violating the automatic stay; you filed for bankruptcy protection and you're not enjoying the benefits of it so far, it sounds like. i am not sure what the process is for you, but highlevel it involves reiterating your bk filing date to the collectors and giving them your case#, and reporting these creditors to the bk court, and including the dates and times of their violations of the stay. if i understand it correctly, the collectors may be forced to pay you some money for each violation if determined by the bk court.
someone more experienced/knowledgeable, come clean this up for me
OP, good luck and stand up for your right to bk protection! -
Informing your attorney is wise. When they call again, you should inform the creditors that they need to be speaking with your attorney. Go ahead and give them his/her contact info if it's requested.
As soleprop mentions, if your attorney handles this and they continue to call, then yes, you have recourse.Last edited by BassBoy; 08-07-2008, 09:36 AM.Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.Comment
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