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What to do if Creditor harassment in bankruptcy?

Anonymous

∙ 16y ago

Updated: 8/17/2019

1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs.

2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases. 1. You can file a contempt action in bankruptcy court and ask for attorney's fees and costs.

2. Depending on the kind of bankruptcy and the kind of harassment, you may be able to file a claim in bankruptcy or state court for violations of the debt collection practices act. You may have to send the creditor a certified-mail letter explaining what your complaint is and what you want the creditor to do about it. Check your state's statute and cases.

Wiki User

∙ 16y ago

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Related Questions

Is harassment by creditor through mail against the law after you have been cleared by filing chapter 7 bankruptcy?

I think harassment is always against the law.But, unless your receiving several letters in the mail a day, (and I'm not sure even then), would it possibly be considered harassment.

How do you add a creditor to a bankruptcy after you have filed?

Check with your bankruptcy lawyer.

If a bankruptcy was discharged on an account that was sold to another lender and the original creditor is marking it as a charge off should it be marked as bankruptcy by the original creditor?

Yes, this debt should have been marked as a bankruptcy by the original creditor. It cannot be changed from a bankruptcy to a discharge unless the bankruptcy did not go through.

Is it possible for a creditor to take your monthly salary after filing bankruptcy?

No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.

What is a stipulation in bankruptcy?

It's basically an agreement between the debtor and creditor on how the debtor is to pay the creditor that arises when debtor has filed bankruptcy.

How can you prove that a judgment has been discharged in a bankruptcy?

The answer depends on the context. If you properly listed the debt in your bankruptcy, then the bankruptcy cour will have a proof of service showing that the creditor was notified of both the bankruptcy and the discharge. You can get those documents from the court's file and show them to the creditor or the creditor's attorney. If the creditor insists on attempting to collect the debt, you should retain an attonrey to reopen the bankruptcy and file a lawsuit called an adversary proceeding for damages and sanctions against the creditor and/or the creditor's attorney. One point that many people do not realize is that while a judgment can be discharged in bankruptcy, judgment LIENS are NOT discharged unless you file the proper motion with the bankruptcy court.

If you file for chapter 7 bankruptcy and have the first meeting with the treasurer can you still add a creditor to the bankruptcy?

You should have no problems filing an amendment to add the creditor.

What has the author Arnold B Cohen written?

Arnold B. Cohen has written: 'Guide to secured lending transactions' -- subject(s): Forms, Law and legislation, Loans, Security (Law) 'Bankruptcy, secured transactions, and other debtor-creditor matters' -- subject(s): Bankruptcy, Debtor and creditor, Security (Law) 'Debtor-creditor relations under the Bankruptcy Act of 1978' 'Teaching notes to accompany book 2 of Debtor-creditor relations under the Bankruptcy Act of 1978' -- subject(s): Cases, Debtor and creditor 'Bankruptcy, article 9, and creditors' remedies' -- subject(s): Bankruptcy, Cases, Debtor and creditor

What happens if a creditor garnishes after filing bankruptcy?

I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.

What does it mean when a creditor files a motion to release?

The creditor is asking to be excluded from the bankruptcy. If that is granted the debt will be valid and the creditor can resume collection action.

If a creditor obtains a judgment can bankruptcy still be filed?

Yes

Is it legal for a creditor to make inquiries even after the account has been discharged from bankruptcy for over a year?

If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.

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