Chapter 13 - how many times can a bank call - after notice to file

[Bkq]

Question: We are in the process of filing for chapter 13. Most of our banks (credit card issuers) - have called and we have notified them that we are filing for bankruptcy. However, - for those we have told - most of them have referred our account to a collection agency. The collection agencies have been calling - and - i told them that i have already informed the bank (credit card issuer).

It is my understanding that the banks cannot call you after you have told them that you are filing bk - - and -- if they do - that are potential penalities - if they do that. However, i don't know if that applies to a collection agency call. Any ideas??

[Freddy03]

I may be wrong but I thought it is only after you actually have filed for BK then they can't call you.

If you have retained a lawyer give them their number. That's what my (soon to be) attorney told me.

[forgotten]

You need to actually file to get any protection. Just telling them you are going to file means nothing. All kinds of people say that every day with no intention of actually doing it.

[SMinGA]

They can call all they want, within certain guidelines. Not before 8am, not after 9pm, etc.

If saying "I'm going to file bankruptcy" prevented any creditor from trying to collect a debt, everyone would say that. Its actually filing bankruptcy - not threatening to - that provides your the relief of the automatic stay. Some might just use BK (the thought of it) as a stall tactic, an empty threat.

Some creditors may back off, but they don't have to...

[minan]

You actually have to file and get a case number assigned in order for the automatic stay to go into effect.

I filed at the end of July and within a few days, all calls stopped. I did have a call this week, however I told them I filed and gave them my case number.

Agree with everyone else that saying you are filing bk does not mean much.

[oconn146]

You need to file the case in order to get the protection of the automatic stay, but the FDCPA can be a great resource to get the calls to stop before filing bankruptcy. If you send a written letter certified mail or fax notifying the debt collector you've retained an attorney, you can sue for damages if they call again.

[lrprn]

@oconn146 - unfortunately for your first post you've replied to a long-dead thread which is against the forum rules you agreed to follow when you joined BK Forum. In the future please refrain from posting to threads that have had no activity for an extended period of time like this one - thanks!