Post filing collection calls

[Davidca]

What is the name of your state? California

So I have filed chapter 7 and had my 30 day hearing already but one company keeps sending me bills and calling me. I told the trustee and she said it is not her problem and that I should deal with it myself. It was my understanding that what this company is doing is unlawful. Can I sue them?




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[GaAtty]

GaAtty

What they are doing violates the automatic bankruptcy stay. You should make sure that they know about your bankruptcy by sending them (or faxing) them a copy of the front page of your bankruptcy showing the case number and the date it was filed. For the ones who call, tell them you are in bankruptcy and offer to give them the case number. The smart ones will know to leave you alone. If they are not so smart, and continue their actions, write them a letter and tell them that they are in violation of the automatic stay of federal bankruptcy court and that if they continue, they could be fined and required to pay your attorney's fees. Then if they keep on, after all of that notice, find a bankruptcy attorney who will go after them for you, and many will. Most companies know to stop. They probably either haven't gotten the notice from the bankruptcy court, or don't believe you. That's why you send a copy of the front page of your bankruptcy.