Legal Question in Bankruptcy in California

When collector stops calling

My lawyer told me that as soon as the collector receives his letter informing that we are working on filing for BK, the collector must stop all actions. Is that true? I think that the collection action must stop only when the petition is filed officially in BK court. Also, it that true that the collection agency can not call the debtor at work?

My ex wants to file for BK on all of her credit cards, and she was just admitted to the hospital, and the hospital bill will be huge. She does not have the hospital bill yet. How can we buy time, wait for the hospital bill and file for BK at the same time. But at the mean time, stop the collector from calling on the credit card collection?


Asked on 8/31/03, 1:20 pm

1 Answer from Attorneys
Lauren Ross Lauren Ross

Re: When collector stops calling

The only thing that legaly reqiures creditors to stop calling is the actual filing of the bankruptcy. If you retain an attorney you can direct the calls to the attorney. The debts that are discharged in a bankruttyy are those that are owed at the time of filing so the hospital debts incurred after the bankruptcy wil not be discharged.

Read more
Answered on 9/02/03, 9:25 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California