I filed bankruptcy and my lawyer is including my payday loans. I am afraid they will call my work and disclose information to people there.
Your lawyer is correct. You have to disclose all of your debts. If they call your work, you have a good "automatic stay" violation at the least and your attorney should jump on that.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
Asking if someone "can" do something isn't a very useful question. Someone CAN do many things that are not legal. While a creditor can call you after you file bankruptcy, it is illegal for them to do so in an attempt to collect a debt. Hope this perspective helps!
Once you file a bankruptcy petition with the U.S. Bankruptcy Court for the area you live, a statutorily imposed automatic stay is placed upon the creditors identified in your schedules. This means, upon your filing a bankruptcy petition with an U.S. Bankruptcy Court, the creditors identified on your schedules D,E, and F and Statement of Financial Affairs, are precluded from contacting you directly or indirectly (at work) to collect upon the identified debt. There are limited circumstances lifting this stay, such as receiving an order from the Court granting relief from the automatic stay. I encourage you to contact the attorney you retained for this bankruptcy and discuss your concerns with her/him. Your attorney will be able to specifically advise you based on your petition for bankruptcy relief.
Obviously anyone can pick up the phone so they "can", but the real question is are they violating the law by doing so. Once a bankruptcy is filed the Automatic Stay bars such communications and the violator can be sanctioned by the bankruptcy court. What sanctions may be applied depends on the facts of the case and whether the lender has a pattern of violating (more severe sanction for scoff laws). The Fair Debt Collection Practices Act may also apply, however, only if the caller is a Debt Collector, e.g. a collection company for the lender or an entity that purchased the debt.
In my opinion Pay Day Lenders are often a self-righteous scurilous bunch that feel they are serving the public while charging outrageous rates on those least able to pay. They can be very aggressive and challenging them for violation can be difficult, particularly where the collector will not identify who or where they are.
Such contact, to answer your question is a violation without any notice to the lender and should not happen once the lender has notice that the bankruptcy stay is in place.
The more useful question is what can you do to assist your attorney in enforcing the automatic stay when (yes WHEN, not if) the lender violates it. We ask clients to keep track of every single phone call and get as much information as possible from the caller. If it is a local storefront, enforcement is usually simple; when you've gotten a loan online, it's often next to impossible. The bottom line is, you've hired your attorney and should keep in close contact about all aspects of your case.
This work is academic,and for general information only. It should not serve as a substitute for information or advice supplied by an attorney who is competent in the practice area, who is licensed in your jurisdiction, and who is personally familiar with your case or legal issue. HUBBELL DUVALL PLLC is a debt relief agency, helping individuals and businesses file for relief under the Bankruptcy Code. Copyright 2011 - Dylan J. DuVall
Some of the other advice and a bit more - help your attorney help you. Make sure you provide a valid correspondence address for your payday lenders. The place you send a payment may not be the place they tell you to mail a letter - this address may be in fine print on your contract or on their website.
Lenders may ignore letters sent to billing addresses and use this as a defense if the bankruptcy rules are violated.
Also, you may ask your lawyer to fax a notice of your bankruptcy filing to your payday lenders, especially if they have electronic access to your bank accounts. This avoid their defense if they take money after you file that they had not received the notice about your bankruptcy in the mail yet.
Finally, if they do contact you after you file, keep a very detailed log of telephone calls (name, number, extension, company, date and time, what they wanted) and forward any letters or e-mails to your lawyer.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
Creditors (including payday lenders) are prohibited from contacting you after you file bankruptcy.
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