Your Creditors And Bankruptcy

Your creditors will be notified that you have filed either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy when the court sends notice to them. This is done shortly after you or your attorney files your bankruptcy petition. The notice from the court puts the creditor on alert, gives them a chance to respond to the bankruptcy filing (most don’t) and most importantly stops all attempts at collecting on the debt.

Can I Make The Calls Stop Sooner?

You will typically begin working with a lawyer a few weeks or a month before you file. Because of this, you have the option of telling your creditors that you are going to file bankruptcy wel before you file. The purpose of telling them you plan to file is to get them to stop calling. While there are a few exceptions, I give my clients basic information to convey to the creditors including my name and phone number. I then ask my clients to politely request that the creditor stop attempting to collect from my clients and call me instead. This usually puts an end to collection attempts even before the bankruptcy is filed.

The practical result here is while you may not receive your discharge in bankruptcy in a Chapter 7 for quite some time, you can get the personal relief from day one—by sending your creditors my way. I will gladly communicate with them on your behalf. It’s the least I can do for you.

Additionally, for those creditors who continue to attempt to collect on the debt from you even after you file bankruptcy, I’ll ask that you write down the name of the person contacting you, the time and date they contacted you, and the general content of the call. If creditors refuse to meet your requests, there are options we can discuss to enforce the rules around collection attempts.

Relief is literally a phone call away. I’m here to help. Email me HERE or call 704.749.7747 to discuss your options.