After filing for bankruptcy, one of the immediate benefits is the invocation of the automatic stay. The injunction halts all debt collections—except for taxes, child support, and criminal actions. However, despite this protection, many people still receive phone calls from creditors—even after being granted a discharge. If this happens to you, here’s how to address the situation.

How to Handle Creditors After Filing for Bankruptcy

1. Provide Bankruptcy Details

If a creditor calls about a discharged debt, find a copy of the order. If it is not immediately available, you can get it through the Public Access to Court Electronic Records (PACER). Provide your case number, as well as the date of the filing and discharge, and request an end to the collection activities.

2. Keep Notes

If phone calls persist, keep detailed notes of every conversation. Write down the dates and times and what was discussed. If you send anything to a creditor, maintain copies of it for your records as well.

3. Check Your Credit

Companies purchase a lot of debt for pennies on the dollar because they hope that collecting on it will generate a profit. Some debt is sold multiple times, and less organized companies don’t always note that a debtor filed for bankruptcy. As a result, some may report non-payments to credit agencies despite the discharge.

4. Call a Bankruptcy Attorney

One of the quickest and most effective ways of dealing with this harassment is by contacting a bankruptcy lawyer. An attorney will get in touch with the creditor and put an end to the phone calls. If they persist, a representative will offer legal recourse.

5. Take Legal Action in Bankruptcy Court

An automatic stay becomes a permanent discharge injunction when the bankruptcy court enters a general discharge order. Persistent creditors violate the Fair Debt Collection Practices Act (FDCPA) or Telephone Consumer Protection Act of 1991 (TCPA). Victims may be entitled to damages for physical and emotional distress, attorney fees, and statutory damages of up to $1,000.

If creditors continue to call even after filing for bankruptcy and receiving a discharge, seek legal representation. Greene Law PC, based in Farmington, CT, offers clients the quality counsel and aggressive representation they need to find relief from harassment. Visit their website to learn more about how they assist people who have or are filing for bankruptcy, and call (860) 676-1336 to schedule an initial consultation today.