Creditors Continue To Call After Bankruptcy- What Should You Do?

Having financial trouble paying your debt? If you are living in Louisiana, then filing for bankruptcy is a viable option. There are plenty of benefits for filing bankruptcy; it can help you save money, have a peace of mind, and make you financially stable again.

When you file for bankruptcy, you get the automatic stay and it goes into effect the moment you file your case. This will prevent the debt collectors from contacting you to collect the payment. Unfortunately, some of the collectors continue to call you after you have filed a bankruptcy case. If you are in such a situation, you must be wondering what you should do? Here is everything you need to know about creditors calling you after bankruptcy.

Reasons For Calling After Bankruptcy

When bill collectors call you after you have filed a bankruptcy, it might be a violation of the automatic stay. In case the creditor is informed about the bankruptcy and the payment collection efforts are made, then they can be held accountable.

However, it can be an innocent mistake as well. There are chances that the creditor might not have heard about the bankruptcy. Though the automatic stay goes into effect immediately, it will take time to inform the creditor. There are different ways through which the creditors might be informed. It can be through an email, paper notice from the court, or by subscribing to services offering about the bankruptcies. So, in a scenario, the creditor cannot be held accountable in the court.

The debt collection efforts made during the first few days after filing bankruptcies are pardonable. This is because the creditor might not know about the bankruptcy yet. The collection calls that are persistent can be a willful violation of the automatic stay. The debt collectors who are found violating the stay are liable to pay for damages.

Different Types of Bankruptcy and Automatic Stay

There are several types of bankruptcy; fortunately, the automatic stay is part of all the types. The most commonly filed bankruptcy type is Chapter 7. Everyone is not eligible for filing Chapter bankruptcy. In order to be qualified for this type of bankruptcy, you will have to pass a means test.

In case the assets or income of a person is high, they might be qualified to file for Chapter 13 type of bankruptcy. In this, you will have to pay some amount of the debt before it can be discharged.

Therefore, you must keep in mind, once you have filed for bankruptcy, you don’t have to pay anything on debt. The creditors cannot force or intimidate you into paying any amount. If the creditor is trying to scare you, then we are here to help you. We have years of experience in helping people who have declared bankruptcy. We have a team of skilled and qualified professionals who are willing to help you. So, if you hear from such creditor, feel free to contact us.

Categories: bankruptcy

4 Comments

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