You are protected against creditor harassment during bankruptcy, which means you can sue creditors who do so under federal law.
Behaviors that are considered harassment include:
- Calling you at unacceptable hours
- Contacting you at work
- Reach out to your family members to get your attention
- Using profanity or threatening language
- Making any kind of threats intended to make you pay a debt
The Fair Debt Collection Practices Act explicitly protects bankruptcy filers against “harassment or abuse” when attempting to collect a debt, which may apply to a situation in which a creditor breaches the automatic stay in a bankruptcy case.
What Is an Automatic Stay?
In bankruptcy law, the automatic stay is a court order ceasing all efforts to collect a debt subject to the bankruptcy case. In essence, debt involved in the bankruptcy filing is “frozen,” which means creditors can’t even apply interest while the case is open.
The automatic stay stops a variety of collection actions, such as the following:
- Phone calls and letters
- Utility disconnections
- Demands for payment
- Foreclosure proceedings
- Wage garnishment
- Other civil lawsuits against you regarding your debt
By law, creditors must cease all of these and other related activities. If they don’t you may be able to file a lawsuit and seek damages.
Can Creditors Go After Me for Debt After Bankruptcy?
If a judge issued you a discharge of your debt, your creditors can no longer attempt to collect this debt. Should any creditor harass or threaten you regarding debt that a judge discharged in your bankruptcy case, you may be able to file a lawsuit seeking damages.
Who Can Help Me Deal with My Creditors?
If you are thinking about bankruptcy or must deal with a matter concerning creditor harassment during bankruptcy, Buchalter & Pelphrey Attorneys At Law can help. Our lawyers are experienced when it comes to handling a variety of bankruptcy-related legal claims. We can offer the insight and services you need to free yourself from creditor harassment.
For more information, contact Buchalter & Pelphrey Attorneys At Law today.