By: Daniel Stone
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Can bankruptcy stop collection calls?
Yes. By filing bankruptcy either Chapter 7 or Chapter 13 bankruptcy-the collection calls will come to an end. Please note to get the protections of the bankruptcy, a filing with the Court must occur. Simply mailing me a check and a list of creditors does not get your case filed and stop the collection calls. You must also provide a full list of documents requested on my questionnaire, finish the bankruptcy credit counseling certificate, and sign the completed bankruptcy petition. If you have not done all this, I cannot file your case. This means I do not have a “case number” to provide to your creditors and the collection calls may continue.
Please note there are other options to assist you with collection calls until we actually file your case. You can retain my legal services in some cases for as little as $200. While I cannot file your case for $200, you can tell creditors you have retained a bankruptcy attorney and give them my name and number. You will need to work on completing all your document requirements and payoff the remaining legal fees to get your case filed. However, for many of my clients, the ability to tell creditors they have retained a bankruptcy law firm brings relief and in many cases lessens the collection calls. If you are still getting collection calls from creditors after you have told them that you have retained my law firm, please tell me immediately.
Finally, even after you have filed bankruptcy, there is still the possibility of collection calls. Why? I tell my clients that it usually takes about a week for all of your creditors to be notified of the bankruptcy filing. Even then, some larger corporations take longer to stop collection calls because they have multiple departments that need to be notified. I tell my clients to keep a note pad by the their telephone and to give all their creditors at least one or two free collection calls. Write down the name, number, and person you spoke with. Provide them the case number and my name. If they continue to call you, I will take care of it. If they continue to place collection calls after I have mailed and faxed warning letters, we will look at a possible law suit against the creditor for violating the bankruptcy automatic stay.