Collection Calls After Filing

Gena

The creditors are contacting you because they have not received the updated information from you or your attorney. Call your attorney and request him to inform your creditors.

I assume they will stop calling you after they get the info.

If the creditors have actual notice of the bankruptcy (like, because you told them about it on the phone), then continuing to call you is not only a violation of the fdcpa, it's also a violation of the bankruptcy rules. You can file suit against them in the context of the bankruptcy proceeding in the bankruptcy court by what is called an "adversary action" - practically identical to a suit in a U.S. District Court. As part of the suit, you can ask for the bankruptcy judge to find that the creditor is in contempt of court and to demand sanctions - for example, that any proofs of claim that they filed be denied. For one creditor to try to get an edge like that over the other creditors who are going along with the bankruptcy procedure is not fair not only to the debtor, but also to the other creditors, and the bankruptcy judge isn't going to like it much.

When I collected, every time I heard the word "bankrupcy" I requested attorney contact information and told the debtor that I would only talk to their attorney from there on out. That's the way it's done legally and all collectors must do that.

Actually, I'd modify that procedure a bit. People can file bankruptcies on their own, without an attorney, so demanding attorney information when you don't know whether or not they have one doesn't make much sense. On the other hand, under the fdcpa, a debt collector may only contact a debtor through his attorney once the debt collector has notice that the debtor has an attorney, bankruptcy or no bankruptcy.

I would suggest that, if the debtor says "bankruptcy", the information the debt collector needs, and which the debtor should freely give (if he has any regard for his own interests), are: what court is it in (by federal district and division), what kind of case is it (chapter 7, 11, 13, etc.), what the case number is, and the date it was filed. That gives the debt collector enough information to file a proof of claim, and without giving the debt collector an opportunity to file a proof of claim, the debt may not be extinguished by the bankruptcy proceeding.

my son recieves calls on his cell my husband whom im seperated from filed w/me and receives vmails from this collection agency i've recorded several conversations now and they tell me the info back they say they don't contact 3rd partys calls atleast 3-10x's a day they are ruthless and disrespectful to the consumer or debtor i've repeatedly told them the fdcpa rules regulations and even the costs of violations they still call im waiting till my discharge to supeana all cell phone and home phone records im gonna file suit cant stand the agravation and now my children know my financial problem and some of my sons friends know even his teacher he forgot to turn off the cell it's imbarrassing any other suggestions

I understand each state is different but this company has balls excuse the french my son thinks we cant afford him now I told him that we can and we will get through it. when i told the company not to contact the cell they started asking for someone else same phone # they are located in north carolina i said they need to be updated on our states regulations and laws and they state the same thing they are from north carolina that doesnt apply to them