Things You Need to Know if Creditors Contact You After Bankruptcy

So you've hired an excellent bankruptcy attorney, taken care of all the necessary steps to get your debt discharged and you've taken control of your finances. Then one day an old creditor calls you, they're demanding you make payments on a debt that was included in your bankruptcy.

Holy Flashback, Batman!

If the debt was included in your discharge, then it's pretty simple: they can't contact you. If your case is open when they call you, then the creditor has violated the automatic stay by contacting you. If your case has been discharged then they're violating the injunction of the discharge.

Mistakes are liable to happen. If a creditor sends you a single bill or has only called once you can simply provide them with a copy of your discharge.Often times the creditor doesn't know that you have filed for bankruptcy and that they aren't lawfully allowed to contact you. Telling them that you have filed over the phone should solve most problems. If you've filed for bankruptcy then your attorney should have informed your creditors that they are no longer allowed to contact you at all. Often times bankruptcy attorneys will have special creditor hotlines set up so that your creditors will have a place to reach someone. When you hire a bankruptcy attorney you depend on them to represent you. Not just to the courts but also to your creditors and anyone else involved with your bankruptcy. But if they've made multiple collection attempts and they've been warned, what do you do then?

If this is the case, then it's time to take action. You need to contact your attorney as soon as possible if you are receiving multiple bills, harassing phone calls, or any other violations. It's important to hang on to any paperwork or bills the collectors have sent you. After presenting all of this to your attorney they will most likely go over some different options, including suing the creditor who is harassing you. Generally bankruptcy courts will not look too kindly on a suit against a creditor who has only contacted you once by accident. If however you are dealing with repeated harassment, it's time to take action. You filed for bankruptcy in the first place because you wanted to make the harassment stop, right?

You should be able to depend on your attorney to be your advocate, not just when you file, but even after you've received your discharge.


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James Brown is a personal bankruptcy attorney in St. Louis, Missouri. He has filed over 30,000 bankruptcy cases and published many books and articles. You can request his free Missouri and Illinois bankruptcy guide for the best tips on how to prepare for your bankruptcy and find a great bankruptcy attorney.