Scottsdale, AZ asked in Bankruptcy for Arizona

Q: What should I do if a creditor demands payment of a debt after I file my case?

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The first thing to do would be to send them a copy of your Notice of Filing, which you should have gotten from the court shortly after you filed. That SHOULD hold them off, because even if their debt is not dischargeable in bankruptcy, the creditor is subject to the automatic stay (assuming you are entitled to a stay--prior bankruptcy filings and other things might impact that). That usually gets them to back off. If they don't, then find out why they claim they are not subject to the automatic stay. You might then need to discuss the issue with an attorney.

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