By: Darrell Castle
Creditors are supposed to stop calling you immediately after you file bankruptcy
If you file bankruptcy protection, how long before your creditors stop calling you?
Hi, I’m Darrell Castle and I’m an attorney licensed to practice law in the state of Tennessee and the answer to that question is, they’re supposed to stop calling you IMMEDIATELY after your case is filed.
Sometimes they can even be FORCED to stop calling you before your case is filed. I said “forced” but in reality, once they’re informed that you are represented by an attorney and the case is going to be filed, they can usually be persuaded to stop calling you – certainly in my law firm. If you have a creditor that is a particular problem, we will be happy to call that creditor for you and try to intervene to stop calls BEFORE filing.
But after filing, they are notified by the court and required by law to stop contacting you. If they do otherwise – if they stop calling you after having received notice – they can be sued and subject to sanctions. Normally, they don’t want that.
So, once you retain an attorney for bankruptcy services, if you have a particular creditor that is a problem for you, that attorney or that law firm should be willing to call that creditor for you and say “we represent this person and we want you to stop calling, you can direct your calls to us in the future.” They don’t want to waste time and money calling you when they know a bankruptcy filing is imminent.
So, the key is to find the right law firm to do that for you, folks.