Legal Question in Bankruptcy in New York

I filed Chapter 7 bankruptcy

I filed Chapter 7 bankruptcy, my 341 meeting is in three weeks and I have one debt collector that keeps calling ten times a day. I have spoken to them provided the case number and they keep calling is this legal?


Asked on 5/30/09, 1:59 pm

2 Answers from Attorneys
Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: I filed Chapter 7 bankruptcy

Any efforts by a creditor to collect a debt once a bankruptcy is filed is a violation of the bankruptcy stay and punishable by sanctions and legal fees. It is highly improper and very illegal.

You should talk to your attorney about this to discuss how to best protect your rights under the circumstances.

There a number of posts and articles on my bankruptcy blog about creditors who have ignored the bankruptcy stay and order of discharge and how the court punished them.

Check out the bankruptcy blog:

www.LongIslandBankruptcyBlog.com

Good luck!

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Answered on 5/31/09, 7:11 pm
Stephen Starr Starr & Starr, PLLC

Re: I filed Chapter 7 bankruptcy

No, it is a violation of the automatic stay. You should bring it to the attention of the lawyer representing you in your bankruptcy case immediately.

Feel free to visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com and posting on our Blog -- there is link on the website � for additional info. about bankruptcy and debtor-creditor topics.

The foregoing is intended as information or interest to readers of this website and is not legal advice for you specific situation. Facts and circumstances not disclosed in your brief post may materially affect your rights. You should consult with an attorney.

Best regards,

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Answered on 5/31/09, 12:30 pm


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