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According to Los Angeles based bankruptcy law firm Recovery Law Group, apart from unmanageable debt, creditor harassment is the other reason why people file for bankruptcy. Irrespective of the bankruptcy chapter, when you file for bankruptcy, an automatic stay is put in place. Thanks to it, creditors cannot pursue any collection actions like wage garnishment, foreclosure or repossession. However, they might not stop harassing you as soon as you file bankruptcy papers. This is so because they might not be notified of your bankruptcy, as Notice of Bankruptcy which is prepared by the Bankruptcy Court requires preparation time. However, if creditors continue with harassment despite receiving your bankruptcy notice, then they are violating automatic stay and can face court action. Exceptions exist only in case when debt is related to alimony, child support, taxes, criminal matters or evictions, etc.
How to tackle creditor harassment?
The first thing is to inform your creditor of your bankruptcy filing. This can be done through letter, mail or phone. Generally, this works to stop harassing calls as probably the creditor had no information about your filing. If despite being informed of your bankruptcy, the creditor continues harassing you, then you need to present your attorney with evidence that you had informed the creditor of your bankruptcy. Your attorney can help you by providing the creditors with your Notice of Bankruptcy copy. If that doesn’t stop the harassment, legal proceedings in bankruptcy court can be initiated.
Getting a bankruptcy discharge relieves you from paying for any debts that were discharged in bankruptcy. However, if creditors continue collection actions for debts that were discharged it can be because they either didn’t receive the discharge order or chose to ignore it. The options that exist for you, in this case, are similar. You need to inform creditors about the discharge in writing or verbal and keep a record of it. In case the harassment doesn’t end, you can ask your attorney to step in.
If you are contemplating bankruptcy or have received a discharge and yet are being harassed by creditors, then you need to contact experienced bankruptcy attorneys at 888-297-6023 to deal with the matter effectively.