Merrionette Park Bankruptcy Lawyer On What To Do When Creditors Won’...

09/08/11

Most creditors understand the bankruptcy process and abide by its rules.  They know that once a case is filed, they must cease and desist from all collection efforts or suffer court-imposed sanctions.  There are some creditors, however, who believe that the rules don’t apply to them.  They will continue to call and threaten even after being told that a client has filed bankruptcy.  When one of these creditors continues to call, there are some very easy steps to take to remedy the problem.
First of all, calmly tell the creditor that you have retained David M. Siegel & Associates as your attorneys.  Once they are informed that you have retained counsel, they are not permitted to talk with you.
Next, if you’ve filed bankruptcy, tell them that and that they can get whatever information they want from your attorneys.  Do not discuss your case or explain anything.  Once creditors hear that you’ve retained counsel and declared bankruptcy that should be the end of the discussion.
If after doing this the creditor calls continue, call your attorney but also keep a log of when the creditor calls or makes any kind of contact.  Take down the date, the time, the phone number and the name of the person calling you.  Keep all correspondence you receive from creditors after they’ve been told about your bankruptcy.  Your attorney will need this list to prepare a motion for sanctions.

 

 

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