Creditors/Collectors are still calling after filing Chapter 7

[AzRaid]

I filed for Chapter 7 in late June of this year. Most of the creditors/collectors stopped calling within a week. However, there are three creditors that just won't stop! Citifinancial, Wells Fargo Financial and HSBC are still making calls. A newer bill collector from Cane & Associates "Weiner Cane" is beginning to call every few days but they are not clear on which debt they are collecting.

I made sure that all four that are still calling me received another copy of the bankruptcy notice from June. I sent the second notice from me in July and my attorney sent from his office. The only things that changed is the Citifinancial office in South Carolina stopped calling but the local offices here in Arizona continue to call. Wells Fargo Financial still calls my work but not my home and HSBC is still calling but on average of once a week now.

I started keeping a call log/record of the calls exactly 1 month after my bankruptcy was filed. Here is what I have for calls to my home number:

Citifinancial 58 calls, 26 messages
Wells Fargo Financial 11 calls, 6 messages
HSBC - Best Buy 16 calls, 4 messages
"Weiner Cane" - 6 calls, no messages left but have spoken with them on the phone.

This doesn't include calls to my work number. This is my biggest concern. I was called in by my supervisor and warned about the phone calls. I work at a school and it's disrupting the incoming calls. I'm so close to getting written up or worse fired. I want it to STOP now! Is there something I am missing to get them to stop permanently? This is ridiculous, I had the creditors meeting in August and the 60 days has already passed.

I just mailed the call logs to my bankruptcy yesterday. I'm hoping the office will respond as soon as possible.

[Dee]

It's time for your attorney to take some action against these guys. They are in clear violation. Call you attorney and tell him to take these guys to court!

[tobee43]

I filed for Chapter 7 in late June of this year. Most of the creditors/collectors stopped calling within a week. However, there are three creditors that just won't stop! Citifinancial, Wells Fargo Financial and HSBC are still making calls. A newer bill collector from Cane & Associates "Weiner Cane" is beginning to call every few days but they are not clear on which debt they are collecting.

I made sure that all four that are still calling me received another copy of the bankruptcy notice from June. I sent the second notice from me in July and my attorney sent from his office. The only things that changed is the Citifinancial office in South Carolina stopped calling but the local offices here in Arizona continue to call. Wells Fargo Financial still calls my work but not my home and HSBC is still calling but on average of once a week now.

I started keeping a call log/record of the calls exactly 1 month after my bankruptcy was filed. Here is what I have for calls to my home number:

Citifinancial 58 calls, 26 messages
Wells Fargo Financial 11 calls, 6 messages
HSBC - Best Buy 16 calls, 4 messages
"Weiner Cane" - 6 calls, no messages left but have spoken with them on the phone.

This doesn't include calls to my work number. This is my biggest concern. I was called in by my supervisor and warned about the phone calls. I work at a school and it's disrupting the incoming calls. I'm so close to getting written up or worse fired. I want it to STOP now! Is there something I am missing to get them to stop permanently? This is ridiculous, I had the creditors meeting in August and the 60 days has already passed.

I just mailed the call logs to my bankruptcy yesterday. I'm hoping the office will respond as soon as possible.

have you given these creditor your docket number....

they are in violation of the stay that was put into effect by the bk court....besides being in violation of the ftc....

you need to contact your atty and if you filed pro se than you may have to file a few motions against them.

[researchnerd]

Caine & Weiner typically collect for medical bills, utilities, municipalities, insurance companies and business accounts like Pitney Bowes, eBay, and the LA Times. They are known to pretend they are attorneys and threaten lawsuits, call people names ("dirtbag"), and even to claim that the FDCPA does not apply to them. This is not anyone you need to talk to at this point.

All of these collectors calling you are in clear violation of your Stay. Do not talk to them, simply tell them you are in BK and your attorney can answer any questions. You might also have your attorney call them and let them know in no uncertain terms that they are violating the Stay and will be in big trouble if they don't stop.

In the meantime, to help stop the phone calls at work, I'd send each of these bozos a written request to never contact you by phone again at any phone number. Send it Registered Return Receipt Requested so you have documentation that they've received it. If you do end up taking them to court, that will help.

[tobee43]

Caine & Weiner typically collect for medical bills, utilities, municipalities, insurance companies and business accounts like Pitney Bowes, eBay, and the LA Times. They are known to pretend they are attorneys and threaten lawsuits, call people names ("dirtbag"), and even to claim that the FDCPA does not apply to them. This is not anyone you need to talk to at this point.

All of these collectors calling you are in clear violation of your Stay. Do not talk to them, simply tell them you are in BK and your attorney can answer any questions. You might also have your attorney call them and let them know in no uncertain terms that they are violating the Stay and will be in big trouble if they don't stop.

In the meantime, to help stop the phone calls at work, I'd send each of these bozos a written request to never contact you by phone again at any phone number. Send it Registered Return Receipt Requested so you have documentation that they've received it. If you do end up taking them to court, that will help.

what is it the georgia water or what?? i have seen some of the most savvy, smart...whipper snapping people coming from you neck of the woods researchned...it's downright impressive!!!


Op the key here is that, they are in fact in violation of the stay from the us bk courts and need to be put on notice but fast....you want me to call them???

[researchnerd]

what is it the georgia water or what?? i have seen some of the most savvy, smart...whipper snapping people coming from you neck of the woods researchned...it's downright impressive!!!

LOL! Thanks! I'd like to say we're just born smart here, but I'm a Yankee transplant. Realistically though...our economy is really in the toilet here in GA. There are no jobs, the ones that are available don't pay anything, we have foreclosures everywhere, it's really starting to rival FL and AZ. So unfortunately, I think we're knowledgeable about collectors and BK here because we have to be.

[tobee43]

LOL! Thanks! I'd like to say we're just born smart here, but I'm a Yankee transplant. Realistically though...our economy is really in the toilet here in GA. There are no jobs, the ones that are available don't pay anything, we have foreclosures everywhere, it's really starting to rival FL and AZ. So unfortunately, I think we're knowledgeable about collectors and BK here because we have to be.

LOL!!! well...then you carried the "smarts" with you! i'm a transplant as well... via san fran.. via east coast and now florida... and i must have lost my smarts along the way...you think? LOL!! it is bad down here with the unemployment rate at 11.9% and not looking any better ...anytime soon.

[tcreegan]

Hi AzRaid,

It is time to go to court and collect some damages + legal fees, get your lawyer going on it. Oddly, BK lawyers shy away from prosecuting stay violations despite the award of legal fees. You might want to prod them along. From what you have posted you are talking about a large chunk of money.

When they call your work that is in violation of the Fair Debt Collection Practices Act. Have a script that you read to them along the lines of "This call is in violation of the Fair Debt Collection Practices Act and automatic stay in the Federal Bankruptcy court of Arizona. I expressly forbid you from calling this phone number. This call will be recorded and used as evidence in a court of law."

Something like that, and tell your boss that you are going to court over the phone calls to stop them and ask for some patience,

...maybe when you get your $$ take the boss out to a nice dinner

Tom in Colo

[tobee43]

Hi AzRaid,

It is time to go to court and collect some damages + legal fees, get your lawyer going on it. Oddly, BK lawyers shy away from prosecuting stay violations despite the award of legal fees. You might want to prod them along. From what you have posted you are talking about a large chunk of money.

When they call your work that is in violation of the Fair Debt Collection Practices Act. Have a script that you read to them along the lines of "This call is in violation of the Fair Debt Collection Practices Act and automatic stay in the Federal Bankruptcy court of Arizona. I expressly forbid you from calling this phone number. This call will be recorded and used as evidence in a court of law."

Something like that, and tell your boss that you are going to court over the phone calls to stop them and ask for some patience,

...maybe when you get your $$ take the boss out to a nice dinner

Tom in Colo

first tom...i had no idea that your personal journey has been so long. you are indeed such a wondrous asset to this forum and i just want to take a moment to thank you for all those including me, that you have helped. so thank you.

i so agree with you..time to file those motions there are absolutely NO excuses for these creditor contacts.