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Stopping creditor harassment after bankruptcy

On Behalf of | Jan 30, 2023 | BANKRUPTCY LAW - Bankruptcy

Many people say filing for bankruptcy is one of the best decisions they have ever made. A Chapter 7 bankruptcy in Maryland discharges all of your qualified debts and lets you start over with a clean slate.

There are many factors that go into deciding to file for bankruptcy. One of these is stopping creditor harassment.

There are many ways creditors can harass you

Creditor harassment takes many forms. Creditors may bombard you with several daily phone calls or constantly send letters threatening legal action.

This aggressive behavior from creditors usually leaves people feeling stressed, scared and overwhelmed.

After your bankruptcy is filed and your debts are discharged, you look forward to rebuilding your credit free from the constant creditor contact.

Therefore, you may be unpleasantly surprised when you find that some creditors are still contacting you. After all, they aren’t allowed to do that anymore, right?

Creditors must stop contacting you after you file for bankruptcy

The answer is yes. Creditors are required to stop all collection efforts against you once you file for bankruptcy. You are protected through something called the automatic stay.

You should notify all your creditors in writing after you file. Provide them with details about your case, including the case number and the date you filed.

Creditors won’t stop contacting you if they don’t know you filed for bankruptcy, so it is important to not skip this step.

Why are they still contacting me?

Even with proper notification, creditors could continue to contact you for various reasons.

Bankruptcy can be a complex process with several steps, and creditors might try to take advantage of that situation. They count on people getting confused and thinking they somehow still owe the debt, since the creditor is still contacting them.

What can I do?

If a creditor whom you know has been properly notified continues to contact you, you might be able to take legal action by filing for a contempt motion. You can ask the court to enter an order prohibiting the creditor from contacting you.

Filing a contempt motion requires compliance with all applicable bankruptcy rules and regulations. It is best to seek professional guidance with this step.