Question Creditors violating automatic stay ? How to proceed ?

[bellee]

One reason I filed bankruptcy was to get several small personal creditors off my back.
A couple of them are truly NUTS.
Well even with the bankruptcy filed 3 of them have contacted me this Holiday weekend and nearly ruined it.
And two others are STILL contacting me even though I have a LAWYER I told them to contact (theyve contacted the lawyer but still are emailing and calling me)

In fact one of them showed up at my house, scared my roomie who was home and then proceeded to KNOCK on my neighbors' doors according to her.
WTH?

My 341 still hasnt been set yet and I suppose some of them havent gotten notices.

I have decided to email all of them and give normal notice that Ive filed Bankruptcy and an automatic stay is in place.

Thoughts ?
Im a tiny little single female and it freaks me out to have weirdos invading my space.

[kenshirley]

I find it strange at this date you don't know you 341 date.
However, did you get your case number so you know for sure that your case has filed?
Have you checked Pacer for it?
If you have your case number you can email it to all your creditors and tell them not to call or they are in violation.
Something is amiss here.

[bellee]

I find it strange at this date you don't know you 341 date.
However, did you get your case number so you know for sure that your case has filed?
Have you checked Pacer for it?
If you have your case number you can email it to all your creditors and tell them not to call or they are in violation.
Something is amiss here.

Really ?

I called Bankruptcy office on wednesday when I received a motion to lift stay from my mortgage company. The clerk looked up my info and said no movement yet on when my 341 is.
I also mentioned to the clerk about some creditors bothering me. she said just tell them Im in bankruptcy and that they can call the office to confirm.
My case is chapter 7 and not a big dollar amount.

[whipster1]

It took my trustee almost a month to set the 341...depends on the court I reckon.

As for those creditors after sending them notice and they still try to collect you should take them to court for sanctions.

[kenshirley]

OK, when we filed in our district our attorney told us to expect the letter from the trustee setting the meet in 7 days, it took 9 or so.
I hear from others on this forum that say that they are told when the 341 is when they get the case number right after filing from the attorney.
I guess the districts make the difference.

[DebtEnder]

If you have e-mails they sent you after the filing of BK and you have a copy of a letter or e-mail you sent back with the BK case number I'd be filing for violation of the auto stay this Monday. Creditors can get one freebie early in the case filing, as well mail takes time. The second you know they know about and contact you anyways then I would nail them.

[bellee]

If you have e-mails they sent you after the filing of BK and you have a copy of a letter or e-mail you sent back with the BK case number I'd be filing for violation of the auto stay this Monday. Creditors can get one freebie early in the case filing, as well mail takes time. The second you know they know about and contact you anyways then I would nail them.

I do and thanks.

[justbroke]

You should be keeping a log of who calls you and who bothers you. The first time, indicate in your log that you informed them of your case number, filing date, and District. Make sure you put in your log who you talked to.

At the same time, you write a formal letter indicating to them that you have filed and are under the Automatic Stay imposed by 11 USC 362. You inform them that should they contact you again, you'll ask the court to enter an order to show cause and for sanctions. You tell them that you'll have them appear before the U.S. Bankruptcy Court to tell the Judge why they violated a Court order. You give them 5 days to respond in writing that they will not contact you. This letter should be sent certified mail, return receipt requested.

You must be firm, you must be diligent and stay on top of logging all these things. if they contact you again after the letter is sent, then you actually file a motion for entry of order to show cause and for sanctions, filing it with the clerk of the court and serving it on them!

I'm 100% sure they are bothering you because you filed pro se. Enough is enough. We need to fight back. You need to fight back for all of us.

[bdg724]

Thank you!

Thank you so much for this! I have been getting calls from M R S and they will not stop. I answer the phone everytime they call and they ask me to hold. Then they hang up on me. I am also getting messages on my google voice line. I am writing them this letter today and if they don't stop I will follow through. I did file pro se and I agree with you that is why they are still trying to harass me. They think I don't know any better.

.

You should be keeping a log of who calls you and who bothers you. The first time, indicate in your log that you informed them of your case number, filing date, and District. Make sure you put in your log who you talked to.

At the same time, you write a formal letter indicating to them that you have filed and are under the Automatic Stay imposed by 11 USC 362. You inform them that should they contact you again, you'll ask the court to enter an order to show cause and for sanctions. You tell them that you'll have them appear before the U.S. Bankruptcy Court to tell the Judge why they violated a Court order. You give them 5 days to respond in writing that they will not contact you. This letter should be sent certified mail, return receipt requested.

You must be firm, you must be diligent and stay on top of logging all these things. if they contact you again after the letter is sent, then you actually file a motion for entry of order to show cause and for sanctions, filing it with the clerk of the court and serving it on them!

I'm 100% sure they are bothering you because you filed pro se. Enough is enough. We need to fight back. You need to fight back for all of us.

[killinstinct]

You should be keeping a log of who calls you and who bothers you. The first time, indicate in your log that you informed them of your case number, filing date, and District. Make sure you put in your log who you talked to.

At the same time, you write a formal letter indicating to them that you have filed and are under the Automatic Stay imposed by 11 USC 362. You inform them that should they contact you again, you'll ask the court to enter an order to show cause and for sanctions. You tell them that you'll have them appear before the U.S. Bankruptcy Court to tell the Judge why they violated a Court order. You give them 5 days to respond in writing that they will not contact you. This letter should be sent certified mail, return receipt requested.

You must be firm, you must be diligent and stay on top of logging all these things. if they contact you again after the letter is sent, then you actually file a motion for entry of order to show cause and for sanctions, filing it with the clerk of the court and serving it on them!

I'm 100% sure they are bothering you because you filed pro se. Enough is enough. We need to fight back. You need to fight back for all of us.

I did this with U.S. Bank and it worked like a charm. They stopped IMMEDIATELY. I'll post back here if anything changes, but I sent a letter to two separate addresses w/return receipt requested, and it seemed to do the trick. Thank you.