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Things You Need To Know If Creditors Contact You After Bankruptcy

Author : Jim Brown


You've found a great bankruptcy attorney, completed all the necessary steps to get your debt discharged, and taken control of your finances. After all of that, one of your old creditors calls you demanding that you make paymetns on a debt that was included in your bankruptcy.

Holy Flashback, Batman!

If the debt was included in your discharge, then it's pretty simple: they can't contact you. If your case is open when they call you, then the creditor has violated the automatic stay by contacting you. If your case has been discharged then they're violating the injunction of the discharge.

Mistakes are liable to happen. If, for example, a creditor sends you a single bill or made one phone call, you can provide them a copy of your discharge.In many cases, they simply don't know that you have filed and that they are not lawfully allowed to contact you. Telling them that you have filed over the phone should solve most problems. Hopefully your bankruptcy attorney has informed your creditors that they are no longer allowed to contact you at all. Many attorneys will have special creditor hotlines set up so that creditors have a place to reach someone. When you hire a bankruptcy attorney you are hiring someone to represent you. Not just to the courts but to your creditors and anyone else involved in your bankruptcy. But if they've made multiple collection attempts and they've been warned, what do you do then?

If this is the case, then it's time to take action. If you're receiving multiple bills, harassing phone calls, or any other violations, you need to contact your attorney as soon as possible. You should hang on to any paperwork or bills that the collectors have sent to you. After presenting all of this to your attorney they will most likely go over some different options, including suing the creditor who is harassing you. Generally bankruptcy courts will not look too kindly on a suit against a creditor who has only contacted you once by accident. If you end up being harassed repeatedly, it's time to take action. You filed for bankruptcy in the first place because you wanted to make the harassment stop, right?

You should be able to depend on your attorney to be your advocate, not just when you file, but even after you've received your discharge.


Author's Resource Box

James Brown is a personal bankruptcy attorney in St. Louis, Missouri. He has filed over 30,000 bankruptcy cases and published many books and articles. You can request his free Missouri and Illinois bankruptcy guide for the best tips on how to prepare for your bankruptcy and find a great bankruptcy attorney.

Article Source:
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Tags:   life after bankruptcy, Wentzville Missouri bankruptcy attorney, free Missouri bankruptcy book, harassing creditor calls, Missouri bankruptcy

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Submitted : 2011-01-29    Word Count : 1    Times Viewed: 146