When do the creditors stop calling?

Asked over 4 years ago - Aurora, CO

I am planning on filing chapter 7, and I am not able to pay the total fees up front I have to pay installments. When
do the creditors stop calling?

Attorney answers (3)

  1. Angel Marie Van Wieren

    Contributor Level 12

    Answered . Creditors can continue to contact you until your case is filed, and the Automatic Stay goes into effect. The Automatic Stay is the barrier between you and your creditors, and prevents creditors from making any contact with you.

    Have you retained an attorney in CO? If you have, ask the attorney if you can refer all creditor calls to his or her firm. That is my standard practice in Georgia.

    **I am not licensed to practice law in CO. My response to your post on avvo.com was not legal advice, but was for informational purposes only.

    Van Wieren Law Firm, LLC

    ww.vanwierenlaw.com
    vanwierenlaw.blogspot.com

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . I disagree that the automatic stay stops creditors from calling you. Once the stay is in effect they will call to ask you to reaffirm your debt to them which would take it out of the bankruptcy proceedings. These calls will drop of after you make it clear your bankruptcy applies to all your debts without exception.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . If your creditors call you after you file a bankruptcy, contact an attorney who knows both the bankruptcy law and the Federal Debt Collection Practices Act because they are liable for improperly contacting you once the automatic stay goes into effect. If you have checked the box that you wish to "reaffirm" a secured debt, such as your home or a car, then they may mail you a reaffirmation agreement, which you may sign and send back.

    However, be clear, the automatic stay of bankruptcy unequivocally means that they must stop contacting you. Some attorneys argue that the creditors are allowed "one free call" to find out after you file. But, the better view is that once the bankruptcy is filed, the automatic stay goes into effect. Find a good debtor's attorney in your jurisdiction because contact post filing means damages for you.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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