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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

I Filed Bankruptcy: Can a Creditor Still Call Me or Write to Me?

Question: I filed bankruptcy about 6 months ago. I had some credit card debt, medical bills, dentist bills and some gambling debt that I owed to a casino. I live in Alpharetta and I work in Sandy Springs. I got into trouble because I tried to start a clothing business in Atlanta with my girlfriend. She makes really cool stuff and she graduated from the Art Institute of Atlanta. Her designs were amazing for dresses and men's clothes. Plus I got sick after spending two days on a canoe in Lake Lanier. The doctor said I had exposure. So I spent over two weeks in the hospital.

I have gotten my discharge recently in the mail. My problem is that even though I have gone through bankruptcy, I'm still getting letters and calls from a creditor. That creditor is a local hospital. I thought bankruptcy eliminated all my debts and that the creditors could not contact me. Can they contact me and what should I do? I hate it when they call.

Answer: If you have filed bankruptcy, creditors are prevented by federal law from communicating with you in any way. If they do, you may be entitled to an award of damages. It is a serious violation of law to contact a debtor after a bankruptcy petition has been filed. You need to have your bankruptcy attorney contact the creditor to inform them once again (they should have received notification in the bankruptcy process) that you have indeed filed bankruptcy.

If that does not put an end to the communication, then your bankruptcy lawyer can take judicial action requesting that all communication cease and that you be granted an award of damages.

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