Creditor keep calling me and Sending me letters
If your creditors keep calling you or sending you letters, this is violation of the bankruptcy code. Once you file bankruptcy (either 7 or 13) and a creditor continues to contact you, they are in violation of the automatic stay provision of the bankruptcy code. The automatic stay is found in 11 USC 362. This section prohibits a creditor from continuing to contact you. Even if a lawsuit was started or a wage garnishment is in place, the creditor has to stop. If they don't, your attorney can make a motion for contempt and collect attorney fees and damages. Most creditors do not check if you filed bankruptcy and are poor at recognizing and implanting bankruptcy notices. Sometimes your debt is sold along with others and the new creditor does not "scrub" or check the file that see if you filed bankruptcy.
Even if your case is done and completed and you received a discharge order from the court, a creditor can not contact you. If they do, they are now in violation of the discharge order. A discharge order is a document signed by a bankruptcy judge that states all debts that can be discharged are discharged. Just like the automatic stay violation, a creditor who violates the discharge order can be held in contempt of court and fined and responsible for attorney fees. They could also be held liable for punitive damages if the violation is blatant.
Your attorney should be interested in any such violations, because they can potentially generate attorney fees. Creditors are not allowed to contact you once they receive notice of your bankruptcy filing. If they feel that there was fraud, misrepresentation or deceit, they need to address the bankruptcy court and not you. If they do, they could be held liable for attorney fees, costs and actual damages. Actual damages are defined here.
So if a creditor contacts you during your bankruptcy or after your discharge, you need to stand up and tell them that they will be sued for contempt if they don't stop. If that doesn't work, contact your attorney and he/she will deal with the situation. Hope this helps. If you have any questions, call or email me.
/s/ Mark Lewis, Esq.