When should the calls stop?

[aces67]

I added another creditor a few days before our 341. Our 341 was 5/22. As of today that creditor is still calling trying to collect. This is the third call this week and they talk very, very, very rudely to me.

I will be calling my lawyer on Monday but shouldn't they have received my papers by now? I keep telling them when they call that I'm 2/3rds of the way through my BK. I have a case number and I've already been to my creditors meeting but they don't care about that. They say they can't stop calling until they get notice in the mail.

[justbroke]

They are lying to your pure and simple. They are to stop as soon as they receive "notice" of the Bankruptcy. Nothing in the code reads that it has to be written and in the mail. They are violating the Automatic Stay. Tell them that next time they call! Mention that your lawyer will be seeking appropriate Sanctions should you get one more call.

If they persist, tell them they should talk to their legal counsel as they obviously don't know how to handle a bankruptcy (I actually had to say this to a collector once)! I got immediate results when a "supervisor" came on and apologized.

Don't tell them you're "2/3rds the way through", as that sounds like you haven't filed. Most of these collection reps don't know a 341 from a Boeing 747.

[aces67]

So they really should stop just because I tell them I've filed?

The only reason I told them I was 2/3rds of the way through is b/c the guy told me that I'm bluffing and just buying time. It really ticked me off especially considering all the effort I've put into this BK. Stupid Jerk.

[justbroke]

So they really should stop just because I tell them I've filed?

Yes, the law is on "notice" and that includes being verbally informed, e-mailed, left on an answering machine. Once they have "constructive" knowledge of the bankruptcy, they are "informed". So, they are just wrong, wrong, wrong.

The only reason I told them I was 2/3rds of the way through is b/c the guy told me that I'm bluffing and just buying time. It really ticked me off especially considering all the effort I've put into this BK. Stupid Jerk.

Right, see... next time just do this. When he's talking, say loudly, and don't let him talk over you.

If I were you, I'd write all this down... My case is filed in the Southern District of New Guinea. My case number is 09-XXXXX-ABC. This case was filed on May 22, 2009. This is your notification. You are hereby stayed by the Automatic Stay imposed by 11 USC 362. You are now in contempt of Court. Further calls will result in you appearing before a Federal Judge in U.S. Bankruptcy Court to answer as to why you should not be Sanctioned. I consider this matter closed and any future calls will be dealt with as Contempt.

[kenshirley]

Only one of my creditors was really persistent.
They called to within a couple of days of the 341 even though I emailed and tried to tell them on the phone I had the case number.
They did not want it. My attorney also said that in these larger organizations it takes time for the notice of the BK to get around to the right people and I can believe that too.
I filed complaints and the attorney sent a couple of threatening letters to the lender and it finally stopped.