Once you file for bankruptcy and your creditors receive notice, your creditors are not allowed to contact you.
Stopping collection calls is a major reason many people file for bankruptcy. As such, the Bankruptcy Court takes this very seriously and most creditors fully understand that they should not be contacting you once they receive notice that you have filed for bankruptcy.
When Do My Creditors Get Notice?
The Bankruptcy Court sends notices out to your creditors automatically to the creditor’s address that is listed in the pleadings. Some creditors even receive the notices electronically.
Most creditors receive the notices by mail. It can take up to a week before the notices are even sent out. Then it can take another week or so for the creditors to update their systems with this information.
Because of this, it is not unconscionable to have a creditor contact you during the first couple of weeks after you file your bankruptcy.
What Should I Document?
If this happens, make sure you document:
- Which creditor contacted you
- The method of contact (telephone, mail, etc.)
- Date and Time
If creditors calls become a problem, documenting details is very important. You should have received a Creditor Contact Log.pdf, if you are one of our clients, to be able to keep these things organized.
What Should You Tell the Creditor?
Then let the creditor know:
- That you have filed for bankruptcy
- Give them your case number.
- If you are our client, tell them that you are represented in this matter by Michael J. Sands and Aaron Wegner at Sands Wegner PLC.
- Give them our contact information
Sands Wegner PLC
300 Jackson Place
514 S. 13th Street
Omaha, NE 68102
When Should You Notify Our Office?
You should only notify our office when a creditor contacts you if:
- You realize that the creditor was omitted from your petition.If you think that creditor was accidentally left out of your pleadings, contact our office right away. Your pleadings may need to be amended in order to confirm that the debt is included.
- If the same creditor contacts again after you have already told them to contact our office, make sure you document the contact and you let us know right away.
You filed for bankruptcy to find a form of relief from the collection practices so we want to make sure that we put a stop to this. However, we also must exhibit some patience in the first month or so after filing while the creditors receive notice.
- If the address we have for the creditor needs to be updated.