Creditor calls after BK Filed

[downwardspiral]

My husband has gotten 10 calls from Bank of America this week. He's told them they are harrassing him and that we've already filed for bankruptcy. They said they are not harassing and they have the right to call.

What's up with that? I told my husband to give them our case number and tell them they are violating the stay notice.

Has this happened to anyone else?

[Pinkie86]

Well, if they haven't gotten their copy of the motion for stay yet, I think they can still call.

If they HAVE, then they are in violation and you should call the lawyer.

[Cali]

I received 2 bills from one of my creditors and I called them. They the info in the computer as me filing but for some reason I am still receiving bills. They are suppose to fix the problem and call me back in a few days.

Did your hubby give them the case number, attorney name and all that? They aren't allowed by law to contact you at all. And they can get into trouble for doing that.

We have BOA as one of ours and they have never contacted us, even before we filed.

[Cali]

If they contact someone and the person tells them they have filed w/ case number and they still call, they are in violation of the law.

Well, if they haven't gotten their copy of the motion for stay yet, I think they can still call.

If they HAVE, then they are in violation and you should call the lawyer.

[Pinkie86]

I did not know that. Thanks Cali. I've heard mixed messages on what they can and can't do.

[Pinkie86]

So here's another question I have since we're on the topic - what happens to them if they violate it? Are they fined?

[downwardspiral]

I'd be interested to know if they get fined as well.

It's funny pre-filing we received maybe three calls. We gave them our attorney's info and never got any more calls. Now all of a sudden BOA is calling. They've been calling my husband's cell early in the am or late pm. I hope they call today. I want to tell them they are violatiing the stay.

[Cali]

To establish a willful violation of the automatic stay a debtor must prove by a preponderance of evidence the following: (1) that a bankruptcy petition was filed, (2) that the debtors are “individuals” under the automatic stay provision, (3) that the creditors received notice of the petition, (4) that the creditors’ actions were in willful violation of the stay, and (5) that the debtors suffered damages. These elements were articulated by In re Flack, 239 B.R. 155 (Bankr.S.D.Ohio 1999) and recently cited with approval by the Bankruptcy Court in Massachusetts in the case of In re Shabanoff, 2006 WL 4821517 (Bkrtcy.D.Mass.2006).

[Cali]

[downwardspiral]

Thanks.

We've told them we filed bankruptcy and gave them our attorney's number. I called my attorney and he is going to send them a warning letter. The warning will state if they call again they will be violating the automatic stay and legal action will ensue.
I love my lawyer