If I file bankruptcy, will the creditors
stop harassing me?
Under the law,
creditors are required to immediately stop trying to collect on debts once a bankruptcy case is filed. This is
called the "automatic stay", which prohibits creditors from
taking any action to collect debts while the bankruptcy case is pending, unless the Court grants relief from the
stay. Once you tell your creditors you are filing and give them your attorney’s name and phone
number, they must stop all contact with you.
Once you prepare your paperwork and file for
bankruptcy, the clerk of the court provides you with a case number and sends an accompanying notice to all
creditors to stop contacting you. You should keep the notice so that if a creditor contacts your home you can
give them your case number. Also, that notice will provide your Meeting of Creditors information. Once you tell
them your case number or they receive a notice from the court of your petition for bankruptcy, all of your
creditors must stop contacting you. If they persist in contacting you, they could be subject to sanctions by the
bankruptcy judge.
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