After Filing Bankruptcy: Why Are Debt Collectors Still Calling Me?
Have you recently filed for bankruptcy, and yet you’re still receiving persistent calls from collection agents demanding payment? This can be both confusing and stressful, especially when you thought the calls would stop once you had filed for bankruptcy.
In reality, the situation may simply be due to a lack of communication or a delay in the process. This article will guide you through why this may be happening and how to handle it effectively.
Understanding Bankruptcy: An Instant Halt in Proceedings
When you file for bankruptcy, an automatic stay of proceedings goes into effect. This is a legal status that immediately stops any actions by creditors to collect the debts you owe.
As per bankruptcy law, from the day of filing, creditors no longer retain the legal authority to continue their collection activities. So, why then do some creditors keep trying to collect?
The reason could be a delay in the updating of information by the creditors, or a lack of awareness about your bankruptcy status. It might also be due to an oversight on your part to include all creditors in your bankruptcy filing.
Informing Creditors: A Crucial Step
When you file for bankruptcy, a key step is for your trustee to send copies of your bankruptcy documents to all known creditors. This is meant to inform them about your bankruptcy status.
However, many creditors have large collection centers, outsource their debt collection, or may even have sold your debt to another collector. These entities might not be immediately aware of your bankruptcy, leading to continued collection calls.
If you’ve missed including a creditor in your bankruptcy filing, they wouldn’t know about your bankruptcy status. But don’t worry! This can be easily rectified by informing your trustee about the omission, who will then forward the relevant documents to the omitted creditor.
Effective Communication: The Key to Stopping Collection Calls
If a collection agent contacts you, don’t be scared to engage in a conversation. Here’s what you should do:
- Inform them about your bankruptcy filing or consumer proposal.
- Provide details of your filing date, estate number (if available), and the name of your bankruptcy trustee.
- Ask them to get in touch with your trustee to verify the information.
In case a creditor asks you to request your trustee to call them, simply get the creditor’s contact details and pass them on to your trustee.
Handling Debt-Related Mail
If you’re still receiving mail regarding your debt, forward them to your trustee. They can then remind the company about your bankruptcy and provide any necessary documents.
Getting Your Fresh Start
The decision to file bankruptcy to deal with your debt is a tough one. But once it’s done, and as long as you fulfill all your bankruptcy duties, you’re on the path to a fresh start.
Do not stress if a debt collector calls you post-bankruptcy. Inform them about your bankruptcy and ask them to get in touch with your trustee for verification. Once all your creditors are updated about your bankruptcy, the calls should stop. If they don’t, reach out to your trustee for help.
If you require the creditor protection that the Bankruptcy & Insolvency Act offers, only a Licensed Insolvency Trustee can assist. They can put a stop to wage garnishments and collection calls.
