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?

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4 Lawyer Answers

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

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

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

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

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