Creditors allowed to call after filing?

[bakergrl]

Are the creditors or collections agencies that were included in a BK allowed to call you after you filed? I filed about 3 weeks ago and also told the company about 2 months ago that we were filing and gave or lawyers info.

Today a collection agency called saying that the account was turned over to them and that they wanted to make arrangements. Once again I gave them my lawyers info. I thought they were no longer allowed to call me?

[DebtEnder]

By law they are not, however they are human, sorta. As such if they did not get the paperwork or or was being sold to them then 1 contact is not going to get you anywhere with going after them at least not as long as they take the case number and then say goodbye.

Now I recorded every call I got after filing told them the case number and made sure to tell them any more contact would be considered a willful violation, which will get you some cash in your pocket.

[SMinGA]

Look over your filed list of creditors, make sure no one was left out. We gave our atty a full list, but when he initially filed he just went with what was on the credit report. (I was annoyed, but his goods outweigh his bads!) So he amended, as there were some ~3 month old medical and a couple of collections not on the report.

Some had been sold and/or sent to new collection agencies though - we got a few random calls as late as 2 weeks or so after we filed. Was CA's and perhaps word from the original creditor or most recent debt buyer had not gotten my # out of their dialer yet. I gave them the benefit of the doubt, and was no longer afraid to answer the phone since I could just give them the case #, chapter type, and date filed.

Giving the lawyer's info ahead of filing does nothing though. I provided that to my mortgage company, etc. who advised they had to keep calling until the arrears was cleared or they had a case #.

[fireworks]

Giving the lawyer's info ahead of filing does nothing though. I provided that to my mortgage company, etc. who advised they had to keep calling until the arrears was cleared or they had a case #.

That wasn't my experience at all. We stopped paying our credit cards in January of 2009, retained an attorney on 2/11/09 and didn't actually file until 2/10/10. In between I spoke to countless collectors. Each time I gave them my lawyer's name and number, informed them we were filing chapter 7 "soon," and sent them on their way. Very, very few called more than once. My best guess is that they decided it wasn't worth their time to pursue since we were filing bankruptcy.

All of the debt we're discharging is unsecured (credit cards and business trade lines). We've stayed current on student loans, car payment and mortgage. Perhaps this is the difference - if you're behind on a secured debt the creditor still has recourse available by repossessing/foreclosing the security. With a credit card their only real recourse is to file a lawsuit and hope for the best. The ones that seemed serious about filing were put off when I told them we'd have a bankruptcy filed before they even made it to the courthouse.

It's been just over two weeks since we've filed. I've had zero collections calls and only a few letters that were sent just a day or two after the filing date. 341 is 8 days away!

[DebtEnder]

OC's don't have to abide by you having a lawyer, only by filing BK. Junk debt buyers and the like if you have an attorney can not call you