Often times people have a tendency to avoid collection calls. They can be embarrassing, harassing, and stressful. Avoiding creditors and their collection tactics are reasons for people opting to file bankruptcy. Bankruptcy not only gets rid of *dischargeable debt, but it also halts all collection communications. However, some creditors cross the line and break the rules.
The Automatic Stay is the protection or "the wall" that filing bankruptcy creates that protects debtors from creditors. As soon as the bankruptcy petition is filed, the creditors are put on notice to NOT contact the creditor any further without permission from the bankruptcy court. But that are some creditors try their luck, hoping that debtors are ill-advised or that they can convince the debtor to pay their debt.
We encourage our clients to pick up the phone when their creditors call. Record the date, time, the name of the representative for the creditor and the nature of the call. We also encourage our clients to give creditors their bankruptcy case number, our office number along with instructions to contact us, the attorneys. We give them a one-time courtesy contact, usually within a month of the petition filing. After that, we go after them if the call, send a letter, email or reach out to our client in any form. We have recovered various amounts from creditors violating the Automatic Stay, from $600-$2000! That is money back into the pockets of our clients simply from answering a harassing phone call or opening an unwanted letter.
Most bankruptcy firms do not this. They often feel it is a waste of time filing a motion to hold creditors accountable. They are too busy trying to get more clients in to file new bankruptcies once they have gotten your money. We value your business and appreciate your confidence in our expertise and show it by representing your bankruptcy case from every angle.
*Dischargeable debt is the debt that can be rid of by filing bankruptcy. Some debts do not apply, such as student loans.