Can a Debt Collector Call After Filing Bankruptcy?

Can a Debt Collector Call After Filing Bankruptcy

Can a Debt Collector Call After Filing Bankruptcy?

If you decide to file bankruptcy, your creditors will not be able to pursue you for the debt you owe. They aren’t supposed to contact you by phone or email. They are allowed to contact your bankruptcy attorney in Arizona. Once you file, you’re entitled to something called an automatic stay. This is a period during which your creditors won’t be allowed to contact you or ask you for payment.

The Stay is in Effect Until Your Bankruptcy is Discharged

The good news is that the automatic stay is in effect until your bankruptcy is complete. Your creditors will be notified once you file bankruptcy that they are not to contact you directly. They will also be notified of when the 351 hearing will be held. This is the hearing at which a creditor can challenge your bankruptcy. Aside from local creditors, it is rare for any of the creditors to attend. It is very difficult for them to convince the trustee to exclude their debt from the petition. They would not want to waste the time and money it would take to attend.

Let Your Bankruptcy Attorney in Arizona Know if a Creditor Contacts You

If one of your creditors decides to call you after you file bankruptcy, simply give them your bankruptcy attorney in Arizona’s number and let them know you have filed bankruptcy. By doing this, you have officially put then on notice. If they choose to call you again, then you can always file a complaint. Whatever you do, don’t forget to let your attorney know. They’ll send a cease-and-desist letter to the creditor or their collection agency. They’ll also let the court know what’s going on.

There are Exceptions to the Automatic Stay

One of the reasons people file for bankruptcy is to get the creditors off their back. Depending on how much you owe, you may be getting over ten calls a day. You’re probably also getting a ton of letters demanding payment. Aside from the threats they make if you don’t pay, they can be downright hostile. One way to get them to leave you alone is to file bankruptcy. The moment your petition is filed, the automatic stay is put in place. If they violate this order, your bankruptcy attorney in Arizona will notify the courts. The court then has the option to sanction the creditor or simply give them a warning.

Your Bankruptcy Attorney in Arizona Can Request Additional Time

If your automatic stay is about to run out and you need more time, your bankruptcy attorney in Arizona may be able to help. They can file a motion with the court asking for an extension. If the extension is granted, make sure you get your papers filed. The court is not going to continue to give you more time. Once that stay is listed, your creditors are allowed to resume collection activity. That’s the last thing you want to happen.

Speak with a Seasoned Bankruptcy Attorney in Arizona Today

If you’re tired of debt collectors calling you day in and day out, you may want to consider filing bankruptcy. Bankruptcy attorneys in Arizona meet with clients every day who are looking for a bit of relief. The good news is that, once you file your petition, the creditors aren’t allowed to contact you at all. Everything will have to go through your attorney or the bankruptcy trustee. If you want to get the process started, call our office and set up an appointment today.