You should not be getting collection calls after your bankruptcy is filed. But it happens. And if it happens, what should you do?
First, take copious notes. Who called, when did they call, why did they call? Take down as much information as possible. If they left a voicemail, save it. Screen shot the incoming call. Ask for account information, caller information, and anything else you can think to record. Make sure you tell them that you filed bankruptcy and to provide your attorney’s name and number. Make sure you write down that you provided this information.
Next, review the bankruptcy documents you filed. If the creditor is not listed on the bankruptcy, you should take the appropriate actions to provide the creditor written notice. Your attorney will know how to handle this.
Most of the time, a few phone calls trickle in as the bankruptcy notices go out, so this is not uncommon during the first week or so after your filed your case.
This typically resolve calls.
But sometimes the calls continue.
If collection calls continue after the bankruptcy, and you are sure the creditor is aware of the bankruptcy, sometimes the only solution is to file a lawsuit within the bankruptcy itself against the creditor to enforce your right to be free from debt collectors after the bankruptcy is filed.
These suits are called adversary proceedings or motions for contempt of the automatic stay order and are used to compel the creditor to pay attention to the rules and to get back in line with what the bankruptcy case requires.
I am still getting collection calls during my bankruptcy.
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