Got a call from a creditor one month after filing!!

[KAKRN97]

One of the creditors listed in my Ch 13 Plan called today to inquire about missing the June payment. Now, I filed CH 13 on May 28th. Had my 341 Hearing on 6/23, not yet confirmed.

It's the bank that holds the loan on our camper and the monthly payments are included in my Ch 13 plan. The person I spoke to on the phone said she had NO record of my bk filing. I told her that yes your company does because you are fighting with my lawyer over the interest rate on the loan..it's at 8.5% and per the BK plan we want it lowered to 5.5% as explained to me by my lawyer. She said she's in a different department and had no record of my bk filing

Uhm..now they aren't allowed to contact me after my filing right? Automatic Stay? This was the first creditor that has contacted me since my filing date. I did call my attorney's office and spoke with the secretary and she wasn't much help..just said to give them their name and number which I did.

I know that companies have different departments but it's been a MONTH since I filed...do I have any recourse? Or should I just let it go? I guess I'm mad because I filed over a month ago. If I had just filed last week, I would be more understanding of the miscommunication. Since it's been over a month,I'm a little ticked off.

[Exployer1234]

You should give the creditor your case number and ask your attorney to send a letter to them stating you filed and all the info. In some cases it will cost you a small fee for the attorney to send a letter to them. After the letter is sent and they contact you again then you may be a able to file for them violating the automatic stay.

[KAKRN97]

I called my attorney, spoke with the secretary and was told that sometimes, you'll get calls...nothing you can do about it. My complaint is that the call was made ONE MONTH after I filed BK! So, they have had plenty of time to get information on my filing.

[Exployer1234]

I would request to speak with the attorney not the secretary. The attorney should notify the creditor they are in violation of the automatic stay. If the creditor continues to call or contact you then they are in violation of the automatic stay.

If the creditor contacts you again document the time of the call, who it was that called, and the reason. Make sure to give the creditor your case number and attorney information. If that does not get through to them I would speak to your attorney, not the secertary on them violating the automatic stay.