Legal Question in Bankruptcy in Massachusetts
creditor harassment
Dear Sir,
I have been declared bankrupt by the Massachusetts Court, but I am still being called daily by the creditors.
How can I make these people stop calling me? What do I have to do?
Thanks,
Joe
3 Answers from Attorneys
Re: creditor harassment
There are nasty consequences for creditors who were informed of the bankruptcy but did not stop trying to collect. They can be severely penalized and they know that. Something must be off in your petition or schedules, or perhaps not all creditors were included. Who are the creditors that are bothering you and what is your case number?
Feel free to contact my office if you have additional questions.
Re: creditor harassment
Assuming the creditor was properly notified by your creditor matrix, we can file a motion for sanctions with the Bankruptcy court requesting damages, attorneys' fees, and punititive damages.
Re: creditor harassment
What do you mean declared bankrupt? If you mean you received a discharge, any of the creditors that were listed on your petition under Schedule D,E, or F normally cannot contact you unless you reaffirm the Debt or the Debt is not dischargeable. If your creditor(s) is not in these catergories then this is called a violation of the discharge. You should immediately contact your attorney, if you had one, any good attorney will contact the creditor directly on your behalf and the calls should stop. If you mean you just filed Bankruptcy it takes a couple of weeks usually before the creditors receive notice from the Court.
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