What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?
If a creditor continues to attempt to collect a debt after the bankruptcy is filed in violation of the automatic stay, you should immediately notify the creditor in writing that you have filed bankruptcy. In addition, you should provide them with either the case name, number and filing date, or a copy of the petition that shows it was filed. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action. Further, if the creditor is willfully violating the automatic stay, the court can hold the creditor in contempt of court and punish the creditor by fine or incarceration. Any legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.
Other Creditor Harassment FAQs
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Will filing for bankruptcy stop collection efforts?
This answer depends upon the type of creditor that is after you. When filing for bankruptcy an “automatic stay” goes into effect. The automatic … more -
Can a creditor object to a debt being discharged?
Yes. A creditor may object to the discharge of a debt in Chapter 7 bankruptcies. The creditor has the burden to prove that the debt should not be discharged by … more -
I am involved in a short sale situation with my house and the lender wants me to sign a promissory note for the difference – will I be able to discharge this note in bankruptcy.
This is a common tactic by lenders in a short sale situation. However, if you sign the note then try to file for bankruptcy shortly thereafter, you may have a … more
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