As of August 2020, attorney Samantha Kehl is no longer with her previous firm. The Kehl Law Firm, P.C., is currently taking meetings by appointment only.

Combining experience, compassion and reliable representation to give our clients the best possible experience during difficult times

  1. Home
  2.  » 
  3. Bankruptcy
  4.  » Bankruptcy Fact: Bankruptcy Stops Creditor Phone Calls and Collection Letters

Bankruptcy Fact: Bankruptcy Stops Creditor Phone Calls and Collection Letters

| Apr 12, 2021 | Bankruptcy

As a Waco bankruptcy lawyer, I have so many potential clients who are at the end of their ropes due to collection calls and letters. After you file bankruptcy, you are protected against creditor phone calls and collection letters. The physical act of filing bankruptcy causes you to be protected by the automatic stay. Basically, the automatic stay is a bubble that prevents creditors from contacting you while you are in bankruptcy without first obtaining the court’s permission. This bubble goes into effect the minute your case is filed and you obtain a bankruptcy case number assuming you have not had a failed bankruptcy in the 12 months prior to the bankruptcy being filed. If you have had prior failed cases, you need to talk to an experienced bankruptcy attorney to discuss what bankruptcy protection, if any, is available to you. The automatic stay effectively halts most collection attempts, including calls, letters, repossession of vehicles, foreclosure, lawsuits, wage garnishment, and other collection activity against the individual in bankruptcy while they are in bankruptcy.

As I stated above, the automatic stay begins the minute you file bankruptcy (assuming you have not had prior failed bankruptcies cases in the same year as noted previously). This bubble is so powerfully that it protects you even if your creditors do not know about it yet. If creditors continue to willfully contact you while you are in bankruptcy, you may have grounds to seek damages in the bankruptcy court.

There are some exceptions to the automatic stay. The most notable of these exception is the collection of child support.

Are you being harassed by creditors? We can help! Call our office or email me at [email protected] today for a free, no-obligation consultation to explore your options! It is time to regain control over your finances. Let my family help yours!