Legal Question in Bankruptcy in California

creditors

I have a bankruptcy case pending, meaning I am still waiting on final payment and all paperwork. Meanwhile, a particular creditor keeps calling and harrasing me for payment to them. I began my bankruptcy file in late March, but due to a death in the family and major car problems, I could not make anymore payments until recently in November. I still have a balance due, but I will have the lawyer paid for by the end of December. I have told the creditor to call my lawyer, but she insists I pay the store because the item on the credit card is a "secured item." Then she called my parent's home, and disclosed all my information to her, which I know is against the law. Even when I first began the bankruptcy file in March, after I told this creditor I have a file pending, they continued to call and harrass me. I need to know if they can still call me simply because I do not have the file closed. This is something I cannot live with one day longer. The creditor even said that the lawyer told her to contact ME!!!


Asked on 11/07/98, 3:44 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: creditors

It sounds to me that you do not have a bankruptcy case pending because your idiot lawyer is refusing to file it until he is paid in full. Most honest lawyers will file the case for you after a partial payment and let you make payments on the rest. The problem here is that you do not get any protection from the bankruptcy court until the papers are actually filed by the lawyer. You might want to shop around for a lawyer who is willing to work for your interests.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 1/05/99, 5:00 am
Mark Markus Law Office of Mark J. Markus

Re: creditors

Your facts are a little unclear. What do you mean by you "began your bankruptcy file"? You mean you filed a case? Since you have payments I assume you filed a Chapter 13? What you've said sounds more to me like you have NOT yet filed a bankruptcy case but are still paying your lawyer's fees prior to filing a Chapter 7. In that case, your creditor is within its legal grounds to continue collections efforts. However, most bankruptcy attorneys (myself included) will still field the creditors' phone calls once an initial down payment is made. I'm not sure why yours is referring the calls back to you. In any event, if the item you purchased was secured, you will ultimately end up having to either surrender the item(s) purchased, or repaying the current fair market value of the item. If you desire more information, please visit my web site at http://www.bklaw.com/bklaw and give me a call at (818)509-1173. Best Wishes,

Mark

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 1/05/99, 11:30 am


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