In bankruptcy, JDB calling about someone else. Violation of stay?

[BigJohn]

We are in a Chapter 13. We are not confirmed. After we filed, some of our debt got purchased by a junk debt buyer (JDB). Lately, that JDB has been calling and asking for person that goes by the name of XXXXXX. They refuse to acknowledge if this is a last name or a first name and they refuse to acknowledge if the person they are looking for is a male or a female. They ask me (male) if I am XXXXXX and when I say "No", they ask me if I am her husband.

I tell them I am neither and to stop calling. They want to know how I am. I suspect they are data mining and refuse to give them my name. I told them this is harrassment but they claim it isn't. Caller ID gives only their name and a google search says they are the same company that purchased some of our debt after we filed. This JDB is one of the most aggressive JDB buyers I have seen on the internet. They claim on their iwebsite that they pursue dismissed and discharged bankruptcy debts. I can see pursuing dismissed debt but I am puzzled at how they pursue bankruptcy discharged debt.

My question: What should I do and is this a violation of the Stay?

[justbroke]

Next time they call... don't even get to the name. Inform them that you are reporting this call to the police as harassment. Tell them that they are not to call this number anymore, and that subsequent calls will be documented and dealt with harshly.

I had to do that on my phone. Some JDB was hunting down a person and they kept calling daily... leaving messages. I finally answered and told them the person does not, and never has lived here. Of course, they "marked" their records. But, alas, they call again later that day. I told them in no uncertain terms, that if they called again, they would have a TRO (temporary restraining order) placed on them and that this was going to court for harassment. Wow, the phone stopped ringing!

Your mileage may vary.

By the way, it's not a violation of your automatic stay if they aren't collecting from you. However, since they are also a creditor in your case... I would say this next time. "You are in violation of the Automatic Stay in a Bankruptcy case. You are to stop calling this number of I will have my attorney ask the judge for an Order to Show Cause and have you appear before the Bankruptcy court to explain why you keep calling this number. You are to stop immediately. Any further call will mean a court date and sanctions for your company." If they ask for the case number, tell them that you already told them you are not XXXXX and that if they persist in calling you, since you are a BK case, then they will just need to deal with the consequences.

[HHM]

Even if it is a violation, it would be tough to prove.

[justbroke]

Even if it is a violation, it would be tough to prove.

Short and sweet!

Anyhow, my personal thought is that it would only be expensive to prove, maybe not particularly tough to prove. The Courts have consistently concluded that even "accidentally" violating the stay is a willful violation. Especially a large "sophisticated" collector should have a good computer system to keep from calling someone in active bankruptcy.

Yes, it would be expensive. Would it be worth it? Probably not. I think this is a strategy of these JDBs and large CAs. They just hide behind the "sorry", while the Bankruptcy Code is not that forgiving even with "accidents". Unless a Judge pursues this suo sponte (which my Judge went after eCast Settlement in such a manner!), it's probably not going anywhere.

[BigJohn]

Even if it is a violation, it would be tough to prove.

If the JDB is on my matrix about 6 or more times and the JDB calls show up on my cell phone log, would that be sufficient?