Filing for bankruptcy is supposed to give you instant relief from financial pressure. This includes putting an end to any collection calls you are receiving, or having any pending lawsuits for collection come to a stop. The bottom line is that you cannot be contacted in relation to a debt, or asked to pay on a debt after you file bankruptcy. This is because the law is that upon the moment you file for protection under the Bankruptcy Code, all of your creditors are automatically stayed from contacting you. However, this is not always how things work and there are some lenders out there who either disregard the bankruptcy notice or do not receive it right away. When that happens you might receive a call or a letter asking for payment of a debt that you have included in your bankruptcy filing.
There are a few things you can do if you are asked to pay a debt after you file for bankruptcy, and they include:
- Provide the bankruptcy case number and date of filing to the lender so they can note the information on their system.
- You should also give the lender your attorney’s name and phone number and request all future communication go through your attorney.
- Call your attorney and let them know you have been contacted, be sure to write down the date and time of the call and the representative’s name who called you.
This should put an end to any calls or letters, but if it does not you do still have options. You can file an action within your bankruptcy case charging the lender with violating the bankruptcy stay laws. Any damages you have incurred as a result of the lender’s failure to abide by the prohibition against contacting you are recoverable in this type of action. You will need to be able to show how the contact has caused you harm, and this is something we can talk through with you so you know what to expect. If you are being harassed by a lender or asked to pay a debt that has been included in a bankruptcy filing, call our office for help.
For more information about how to handle overwhelming debt, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.