When your finances run uncontrollably ahead of you, it’s time to bring everything to a standstill and evaluate the situation. You took the time to think and realized you are unable to repay all the debts. So you made the call to file for bankruptcy. Bankruptcy, however, is a complex matter, and you have probably contacted a reliable Carlsbad bankruptcy attorney already, considered your options, and braced yourself for all the challenges. But there is still the mater of the creditors to think about. “Should my creditors go after me, can my Chapter 7 bankruptcy attorney near me help keep them at bay?”, you may ask. Keep reading, here’s everything you need to know.
What do your creditors know?
Are you worrying about a creditor who won’t let go even after you filed for bankruptcy? Keep in mind that your creditors may have no information of your filing. You should make sure to notify them of the steps you have taken, and you will most likely be left in peace.
If you already did that, and yet some creditors keep coming back, here are the scenarios that may explain the situation:
1. Your bankruptcy case was dismissed. If the case is over, the automatic stay period is no longer in effect. If the case itself did not end with a discharge, but with a dismissal, your creditors have the right to come back and reclaim the debt.
2. The creditor harassing you wasn’t included in the creditor mailing list you submitted with your bankruptcy case. If you’ve failed to add any of the creditors’ names to the list, the one whose name isn’t stated in the document has the right to contact you regarding the debt.
3. There is a debt made after filing for bankruptcy. The creditor who’s after you isn’t on the creditor mailing list, as they weren’t your creditors at the time you filed for bankruptcy. Such a creditor can contact you regarding the debt.
Unauthorized creditor’s steps
“I’ve just filed for bankruptcy, with the professional help of a trusted Chapter 7 bankruptcy attorney near me. The case was not dismissed, and the creditor who keeps contacting me was listed in the creditor mailing list. Therefore, my debt isn’t new to them. Yet, this creditor is constantly on my case. What can I do?”
In a pre-bankruptcy situation, you are unprotected from any of the creditors’ calls, emails, visits or harassment. However, after you successfully filed for a bankruptcy plan, the automatic stay is enforced immediately. This means that no creditor has the right to contact you regarding your debt. If they do, you should know that this action is illegal, unless the creditor has a court approval to do so.
If you have done everything you could, and yet the harassment continues, you must reach out to your bankruptcy attorney right away.
I want to reach the most dependable Chapter 7 bankruptcy attorney near me. Who should I call?
Having troubles with your creditors after filing for bankruptcy? Bankruptcy attorneys Chang & Diamond, APC, will know exactly what to do. Call us today and find out why we hold “the best Chapter 7 bankruptcy attorney near me” title in Carlsbad. Contact our office at (619) 312-4900 or (800) 718-8118, toll-free, and let us know about your situation. Together, we will keep your case firm, and your relations safe and respectable.