Los Angeles, CA asked in Bankruptcy for California

Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?

Related Topics:
4 Lawyer Answers
Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.

Michael Jay Berger agrees with this answer

1 user found this answer helpful

Michael Jay Berger
Michael Jay Berger
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Los Angeles, CA
  • Licensed in California

A: The automatic stay 11 US.C. Section 362 prevents all creditors from taking any action to collect a claim against you.

If a creditor calls you, inform the creditor of the bankruptcy filing, give the creditor the case number, and tell the creditor to never call you again.

The only exception to this rule would be if you want to work something out with the creditor. For example, if you have a car loan and you want to keep the car or a home loan and you want to keep the home.

David S. Greenberg
David S. Greenberg
PREMIUM
Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: When you file the bankruptcy petition, there comes into existence an automatic stay order which prevents creditors from contacting you.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. As soon as you file the automatic stay prohibits them from calling you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.