Calls, texts, or emails from collection agencies after filing for bankruptcy can be stressful, annoying, and even overwhelming. However, there are many steps you can take to stop creditor harassment during bankruptcy, as we discuss in this post—or you can let our experienced bankruptcy attorneys handle it for you. At Walker & Walker Law Offices, our legal team cares about your peace of mind and takes the necessary steps to curb creditors and their designated collection agencies from contacting you.
Why Do Creditors or Collection Agencies Still Harass Borrowers After Filing?
As soon as you file either a Chapter 7 or Chapter 13 bankruptcy petition, an automatic stay order goes into effect under United States Bankruptcy Code § 362. This federal law summarily mandates that all creditors pause all collection efforts until the court concludes or discharges your bankruptcy case.
In some situations, creditors may not immediately be aware that you have filed due to communication delays or ongoing collection activity. Until the creditor receives notice and updates its records to reflect the automatic stay, contact may continue.
Understanding how the bankruptcy process works can help provide reassurance if you receive communications from creditors shortly after filing. In many cases, it simply takes a brief period of time for notices to be processed and collection activity to stop.
During this transition, clear guidance can make a difference. Your attorney can explain what communications are expected, when they should stop, and how to address any contact that continues after bankruptcy protections are in place.
Steps To Stop the Harassment
Now that you know why there may be some delay between the issuance of an automatic stay and creditors or their proxy organizations ceasing their debt collection tactics, here is what you need to put a stop to all forms of creditor harassment:
- Keep a record of all debt collection calls, texts, emails, or letters
- Contact your bankruptcy attorney to inform them of the harassment
- Forward all the collection agency’s or creditor’s contact information to your bankruptcy attorney
- Have your attorney send a notice to the creditor about the filing
- Inform the collection agency or creditor to channel all communications through their attorney
These steps are typically enough to stop creditor contact while your bankruptcy case is pending. If a creditor or collection agency continues to reach out after being notified, your attorney can step in to address the issue and take appropriate action to enforce your protections under the law.
Contact Our Bankruptcy Lawyers To Stop Credit Collector Harassment
You no longer have to face the daunting prospect of persistent badgering from credit collection agencies while you are dealing with a bankruptcy case. With the help of an experienced Minneapolis bankruptcy attorney from Walker & Walker, you can get the financial relief you require and effectively cease all forms of credit collection harassment. For help stopping creditor harassment during bankruptcy, contact our legal team to discuss your case.
