What should a debtor do if a creditor does demand payment of a debt that is listed in the bankruptcy?
If a creditor listed in the debtor’s schedule, attempts to collect a scheduled debt, the debtor should inform the creditor a bankruptcy case has been filed and which prohibits all collection efforts. If an attorney represents the debtor, the debtor should give the attorney’s name and telephone number to the creditor. If the debtor is not represented by an attorney, the debtor should give the creditor additional information about the case – the date of filing. The debtor should consult with an attorney to consider further action. If creditors persist in contacting you once you have notified them that you have filed bankruptcy, you should keep a record of the time and content of the communication and discuss this with your attorney immediately. There may be substantial sanctions imposed upon the creditor for violation of law.
If a creditor listed in the debtor’s schedule, attempts to collect a scheduled debt, the debtor should inform the creditor a bankruptcy case has been filed and which prohibits all collection efforts. If an attorney represents the debtor, the debtor should give the attorney’s name and telephone number to the creditor. If the debtor is not represented by an attorney, the debtor should give the creditor additional information about the case – the date of filing. The debtor should consult with an attorney to consider further action.
Related Questions
- Up FAQ #5: Can debt collectors demand full payment even though they know the agency or creditor will in fact accept partial payments?
- What should a debtor do if a creditor does demand payment of a debt that is listed in the bankruptcy schedules?
- What should a debtor do if a creditor does demand payment of a debt that is listed in the bankruptcy?
