People are often surprised to learn that even after they file for bankruptcy, they still may receive letters from creditors and bill collectors for a month or two afterwards.
In a perfect world, the letters would stop as soon as you file for bankruptcy. After all, when you file, you are immediately under the protection of the court and an automatic stay prevents any and all collection activities by creditors and bill collectors, including sending letters.
However, because many creditors and bill collecting companies are large, bureaucratic organizations, it can take a good amount of time - maybe even a couple of months - for a notification from the court to get to the right department of a big creditor and get entered into the system properly so that letters are no longer generated. So, if it's just a month or two after filing and you still receive some letters, it's most likely nothing to be worried about.
There are times, though, when aggressive bill collectors will simply choose to ignore a bankruptcy notification and continue sending you letters for several months after you file for bankruptcy in an effort to collect debts. If this happens, it is considered an automatic stay violation, and you should reach out to your lawyer immediately to discuss how you should proceed.
If you file a motion in bankruptcy court and prove that the creditor is listed in your case, the Judge will issue sanctions against the creditor and award you some attorneys fees since you had to go ahead and file a motion.
In a perfect world, the letters would stop as soon as you file for bankruptcy. After all, when you file, you are immediately under the protection of the court and an automatic stay prevents any and all collection activities by creditors and bill collectors, including sending letters.
However, because many creditors and bill collecting companies are large, bureaucratic organizations, it can take a good amount of time - maybe even a couple of months - for a notification from the court to get to the right department of a big creditor and get entered into the system properly so that letters are no longer generated. So, if it's just a month or two after filing and you still receive some letters, it's most likely nothing to be worried about.
There are times, though, when aggressive bill collectors will simply choose to ignore a bankruptcy notification and continue sending you letters for several months after you file for bankruptcy in an effort to collect debts. If this happens, it is considered an automatic stay violation, and you should reach out to your lawyer immediately to discuss how you should proceed.
If you file a motion in bankruptcy court and prove that the creditor is listed in your case, the Judge will issue sanctions against the creditor and award you some attorneys fees since you had to go ahead and file a motion.
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