Submitted by Anonymous on Mon, 06/22/2009 - 12:24
Posted in
I plan on filing chapter 7 and I have a 2 debt collectors who are very harsh and harrasing. I know I have rights under the FDCPA but I just want to get all this behind me. When I file, do they have the rights as a original creditor to not let me discharge a debt they are collecting? what will happen?
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Editor's Response
Once you file bankruptcy and the automatic stay takes effect, creditors and their agents must stop contacting you. After you file your petition, the court will mail a notice to every creditor you identified in your bankruptcy schedules. It may take a week or two for the creditors to receive the notice, so you can also notify them (or their agents and debt collectors orally) if they call. Give them your case number and instruct them to cease their efforts. Once notified, a creditor who continues to attempt to collect your debt may be held liable for court sanctions and attorney's fees. For more specific information, I encourage you to talk to an attorney who does bankruptcy filings.