What To Do When Creditors Are Calling While You Are In Chapter 13 Bankruptcy

by Susanne Robicsek, North Carolina Bankruptcy Attorney

July 8, 2009

In Chapter 13 bankruptcy, creditors are normally not allowed to call, write, bill, or otherwise contact you. You are protected by the automatic stay in your bankruptcy case. But if you see a creditor’s number come up on your caller ID, don’t ignore it. They will keep calling and calling until they get some type of response. Your attorney may have a preferred method to deal with these calls, so speak to your bankruptcy lawyer to see what she wants you to do.  Here are a few suggestions. 

Answer the call: one time. You should get their name and contact information.  Document, in writing, everything you say and everything that they say. You should tell them you filed bankruptcy, and what your case number is, who your lawyer is, and your lawyer’s contact information. Don’t go info much more detail. That is all the information they really need from you. Then get the information to your bankruptcy attorney can deal with it appropriately so there is a dated written record in your lawyer’s file.

If it happens again, then contact your lawyer with details so they can handle it. It is very important to document and detail all contact from creditors, what is said by them and also what you say to them. If your bankruptcy attorney can prove that the creditor continued to call despite knowing about the bankruptcy, then you may be able to sue them for violating the bankruptcy laws.

Stop being aggravated. Don’t be afraid. Don’t take any grief. Don’t think of these calls as annoying. Know that if you do everything right and they don’t, you might be able to sue them. However,it usually just takes telling them your case number once (more) to get it to stop.

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Concentrating in Consumer Bankruptcy Law since 1988; Wake Forest Law School JD 1987 Law Office of Susanne M. Robicsek since 1993, Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.

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Last modified: February 14, 2013