Immediately upon the filing of any bankruptcy case, no creditor may contact the person filing bankruptcy (debtor) by any means.
Immediately upon the bankruptcy filing, the Automatic Stay Provision of the bankruptcy code, is in effect. The Automatic Stay prohibits any and all communication between the creditor / debt collector and the debtor.
This means that the creditor may not attempt to collect a debt by letter, voice mail, telephone, or though a third party. Any intentional or repeated violations, may permit the debtor to obtain sanctions against the creditor or debt collector, from the bankruptcy court.
The bankruptcy court generates notices to every creditor that was listed on the bankruptcy petition. The creditor should receive the bankruptcy notice within ten days of the filing. Typically, every creditor and debt collector knows that after the bankruptcy petition is filed, they are prohibited from communicating with the debtor.
However, companies may continue to violate the Automatic Stay based on their failure to properly note their file of the bankruptcy filing.
Robert Manchel, an experienced New Jersey Lawyer who limits his practice to bankruptcy, is available to answer your questions regarding bankruptcy protection at 1 (866) 503-5655.