I filed and the bank keeps calling...

[justdidit]

I filed my Ch 7 petition roughly 2 weeks ago and to this day the bank (big one) keeps calling me regarding my home loan. I got various answers regarding my request for them to stop calling me after telling them that I have filed which hasn't gotten anywhere. I do have a lawyer and he said to give them a bit of time to get news to all of their departments regarding the bankruptcy before proceeding with other action. Which does make sense, but its annoying as hell.

I do have faith in the lawyer as I did extensive background and upfront research before choosing after many free consultations.

Generally what will happen if they don't stop calling?

[tay666]

When they call, do you give them your case number?
Do you inform them that contacting you is breaking the law, and that if it continues they will taken to court for damages?

That is what I have been doing with anyone who calls or mails me anything.
Seems to stop them dead in their tracks.

[justdidit]

I don't give them any information as I don't have the case number, etc. when they call. Also, my lawyer didn't tell me to give them information when they call. Just to wait a bit to let all of their departments get word of the bankruptcy.

I did tell them that they are not suppose to be calling me or pursuing the debt due to the filing of bankruptcy and the court order. One lady just giggled and said that wasn't possible cause its an automated system that calls people.

[Maine]

Unfortunately anyone can say they have filed (people lie about this to them all the time), until you have a case number and/or they receive the official papers from the court they can call you. Once you have a case number they are expected to stop calling.
Get your case number from the lawyer, then give it to them and let them know you are noting the time and date of the call and that any further attempts to contact you will be in violation of the stay and you will seek legal action against them.

[SMinGA]

Are you certain your case was filed? You should have received notice of the 341 date. Official notice, from the BK court within 3-5 mailing days... Ask your atty for the case # and file date.

[justdidit]

100% certain the case was filed. I received the filing and 341 date/time letter from the local bankruptcy court. Also, my lawyer sent me the same information along with a copy of all of the filed papers.

Smack dab middle of the month, Sept. 15th is my 341.

[Silver26]

You case # would be on the 341 paperwork! Next time they call give them the # and they will stop calling.

[justdidit]

Curious why my lawyer didn't tell me I should just give them the case #. He is one of a hand full of trustees for the area/state and from other lawyers I've talked with he definitely knew his stuff.

Some of these lawyers didn't know what they were talking about regarding bankruptcy laws. Very eye opening.

[Maine]

He probably figures that they will get the paperwork through official channels and stop bugging you in due time. He is not the one being called at 8:17 every morning (maybe that's just me!).

And I know Just what you mean about some lawyers. I think I have one of the eye opening ones. UGH !

[justdidit]

One thing I really do like is their timeliness on getting back to me through email. So I emailed the lawyers office last night regarding the issue and they told me to give the case number and that should make them stop. If not then its off to contempt of court.

Can't wait till this whole thing is over. Stupid house/bank drove me into bankruptcy.

[tay666]

Yep.
That case # works wonders.
Just fired off another email tonight to some debt collector that mailed me a bill today.
4th or 5th one I have had to send out since we filed.
But I have have never had to send one to the same place twice.

[idainc]

Every dog gets one verifiable bite. After bite #1 you can get paid for your time and sanctions in and by the BK court for free ! Just ype up a motion for a show cause order and sit back and watch the judge slam them to the wall. They REALLY dont like having their court orders ignored.

[justdidit]

Well I did what I was told a few weeks and gave the bank my information regarding the bankruptcy. Going through my mail last night I saw something interesting. Apparently the bank has now sent a lawyers office requesting the full amount of the mortgage and possibility of moving toward foreclosure if not paid.

Guess I've gotta talk to my lawyer now.

[tcreegan]

The 'automated system' excuse does not hold up in court. idainc has it right, judges are pretty generous to the debtor. You get damages and legal fees, I am not sure why you don't see more lawyers going after stay violations....saw a website from a lawyer who does nothing but stay violations, he said he couldn't convince other lawyers to go into this area.

Tom in Colo

[justdidit]

Well went by the lawyers office and dropped off the letter from the lawyers bank and the bill for the mortgage they sent in the mail. They said they would send them both a letter regarding the bankruptcy and see where things go from there. We shall see what happens from here. I'll talk to my lawyer again next week regarding whats up with all of this as his partner is filling in for him.

How does one even assess the "damages" by violating the stay? I wouldn't even know how much to request if I'd have to place a number.