Can a Creditor Send Me Harassing Emails, Phone Calls After I File Bankruptcy?
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The automatic stay provisions of Bankruptcy Code Section 362(a) state that creditors must immediately cease any attempts to collect outstanding debt once a bankruptcy petition has been filed. This includes phone calls, emails, and any other type of communication.
However, there may be a time lag between the debtor’s bankruptcy filing and the actual notification reaching the creditor. Once the creditor is notified, information on chapter filed, date filed including the case number is readily available to the creditor. At this point the creditor cannot send you any more harassing emails, phone calls or communications in an attempt to collect money. In very rare cases, the creditor may obtain permission from the bankruptcy court to proceed with collection, despite the debtor’s bankruptcy filing.
Even creditors of nondischargeable debt such as student loans or tax obligations must halt their collection efforts until after your other debt has been discharged in a successful bankruptcy filing. The time frame for bankruptcy filing to discharge is typically four to six months.
