Legal Question in Bankruptcy in California

Contacting the Debtor

I got a notice that I was a potential creditor from someone going into Chapter 7. I did pay some bills but no loans or papers were signed and I didn't expect to get the money back. I didn't read the enire notice about not contacting the debtor. I called and met her which resulted in a shouting match. Now I'm told I've broken a federal law. And I've been threatened with legal action. Is this a violation of the law since I'm not a creditor? Can I be involved in a lawsuit? What are the outcomes? Is this a common occurance?


Asked on 4/03/03, 1:45 pm

1 Answer from Attorneys
Naveen Madala

Re: Contacting the Debtor

As soon as a debtor files a bankruptcy petition, an automatic stay goes into effect. This automatic stay prevents any creditor from pursuing any collection actions against the debtor that filed bankruptcy. Your case probably depends on what you talked to the debtor about when you met. You may not see yourself as a creditor, but you were likely listed on the debtor's bankruptcy petition.

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Answered on 4/03/03, 6:03 pm


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