Chapter 13 Bankruptcy And Your Collections Calls

Aug 26
15:48

2011

Abraham Avotina

Abraham Avotina

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When you file Chapter 13 bankruptcy, collections agencies must stop calling you. If they don't (and this is often the case), there are some things you can do. Find out what you can do to make annoying collections calls stop.

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Once you file Chapter 13 bankruptcy,Chapter 13 Bankruptcy And Your Collections Calls Articles you're on your way to debt freedom. In this type of filing, they don't take your assets. Instead, you set up a 3 to 5 year payment plan to get all of your debts paid off. As long as you keep making payments, you'll be free of debt in just a few short years. It's a last resort to help people who have finally decided that their financial situations are hopeless.

But what if after you file, you keep getting collections calls? Legally, collectors are required to stop calling you once your Chapter 13 bankruptcy proceedings are underway. Here is what you can do to get them off your back.

Automatic Stop

As soon as your attorney files the petition for your filing, an automatic stay is put on your debts. This means that the debts can no longer be collected. An automatic stay includes debt collectors and prevents them from calling and harassing you. This is a great relief and although you've got a long way to go before you're debt free, it's nice to at least not get calls anymore.

But sometimes the calls don't stop immediately. For one thing, there is a time lag between the filing of the petition and its approval by the judge. During that time, the collections agencies may not have been noticed. And sometimes, even after being notified, they continue calling. They're well aware that most people don't understand their rights when it comes to collections harassment.

What To Do To Make Them Stop

Actually, you're the only person in the world who knows exactly who you owe money to. When you file for Chapter 13 bankruptcy, you have to provide your legal counsel with a list of creditors. At this time, ask your attorney to contact each of these collections agencies and notify them that you've filed.

This is what most people do and it usually works. However, when it doesn't work and the calls keep coming, don't ignore them. Tell them that you've filed. Give them your case number and your attorney's name, and notify them that they need to contact your attorney and not you from now on.

The law says that if you verbally tell them that you've filed, they can no longer keep calling you. All you have to do is tell them and they have to stop. If they don't, tell your attorney. They can take legal action to make the calls stop and in some ways, make the collections agencies pay penalties.

One of the best things about filing Chapter 13 bankruptcy is the relief that comes when the calls stop. If they don't stop, take action and have your attorney handle it.