What Can I Do If I Receive Collection Calls
From a Debt Included in Bankruptcy?
Collection Calls From a Debt Included In Bankruptcy:
Once you have filed bankruptcy all collection activity should stop.
Your Trustee is responsible for notifying your creditors that you have gone bankrupt and that the stay of proceedings is in effect.
The Trustee will usually mail the notice of your bankruptcy to your unsecured creditors, within 5 days of your signing the documents.
Therefore, it might be several days before your creditors receive notice of your bankruptcy filing.
However, your creditors might not enter a record of your bankruptcy into their system after receiving notification of your bankruptcy. Also, if your debt has been passed to a collection agency, further delays could occur.
If you receive collection calls from a debt included in bankruptcy, you should politely notify the caller that you have gone bankrupt. You can also give the caller your Trustee’s name and phone number.
It is the responsibility of the Trustee to speak to your creditors (that were included in the bankruptcy) while you are bankrupt.
If the creditors or their collection agency haven’t received the paperwork, the Trustee will forward them the correct papers they need.
Collection Calls From a Debt Included In Bankruptcy – Collection Activity After Bankruptcy
Question: I have been getting collection calls from a creditor included in my bankruptcy. Is that collection attempt valid? Can I Ignore these calls? I don’t want to pay for a debt that was included in my bankruptcy!
Answer: This collection attempt is not valid because the debt was included in your bankruptcy. You should not simply ignore these calls.
Often, if you are receiving calls to collect on a debt included in bankruptcy it is because the creditor has passed your debt onto a collection agency and has failed to notify the collection agency of your bankruptcy.
Because the debt is held by a collection agency that hasn’t been informed of your bankruptcy, you will continue to receive collection calls.
You and your Trustee will have to notify the collection agency of your bankruptcy filing.
You can contact the collection agency contacting you and inform them of your bankruptcy.
Also, you should also give your Trustee the name of the lawyer for the collection agency contacting you. The Trustee can then send the collection agency the full information on your bankruptcy.
Debt collectors are not allowed to collect on any of the debts that were discharged by your bankruptcy.