Is it legal for my credit card companies to still send me bills while I am filing for bankruptcy?
My credit card companies are aware that I want to file for bankruptcy. I keep getting letters from them demanding more and more money from me. Can they do this?
Answered By: Mercado & Hartung, PLLC
The automatic stay does not apply until you actually file.
Answer Applies to: Washington
Replied: 1/18/2012
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Answer Applies to: Washington
Replied: 1/18/2012
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Answered By: Heupel Law
Certainly. Any creditor can attempt to collect a debt while you are contemplating bankruptcy. Once you file bankruptcy though, then the creditors must stop. Until then, expect them to keep calling, sending you letters, and potentially suing you.
Answer Applies to: Colorado
Replied: 12/21/2011
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Answer Applies to: Colorado
Replied: 12/21/2011
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Answered By: Mankus & Marchan, LTD
The creditors can contact you until you actually file the bankruptcy petition. Once it is filed, they can no longer contact you.
Answer Applies to: Illinois
Replied: 12/19/2011
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Answer Applies to: Illinois
Replied: 12/19/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
They have to stop when you file. You are not protected until then.
Answer Applies to: California
Replied: 12/19/2011
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Answer Applies to: California
Replied: 12/19/2011
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Answered By: Steven Harrell, Attorney at Law
They can take action against you to collect a debt until you actually file a petition in the U.S. Bankruptcy Court.
Answer Applies to: Georgia
Replied: 12/19/2011
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Answer Applies to: Georgia
Replied: 12/19/2011
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Answered By: Charles R. Nettles - Attorney at Law
Until you can give them a case number for your bankruptcy case, they may continue to communicate with you.
Answer Applies to: Texas
Replied: 12/19/2011
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Answer Applies to: Texas
Replied: 12/19/2011
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Answered By: Sanders Law, P.A.
Yes, until you actually file the case.
Answer Applies to: Florida
Replied: 12/19/2011
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Answer Applies to: Florida
Replied: 12/19/2011
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Answered By: Law Office of Lynnmarie A. Johnson
As long as you have not actually filed, then they can send you all the bills and letters they want. If you are going to file, get busy and do it so that they will stop harassing you! Good luck!
Answer Applies to: Michigan
Replied: 12/19/2011
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Answer Applies to: Michigan
Replied: 12/19/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
You do not have any protection from aggressive creditors until the bankruptcy case has been FILED with the bankruptcy court. The filing of the bankruptcy petition with the court creates an automatic stay against collection.
Answer Applies to: Indiana
Replied: 12/18/2011
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Answer Applies to: Indiana
Replied: 12/18/2011
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Answered By: Law Offices of David H. Relkin
Yes. The sending of demands for payment after a bankruptcy filing is an attempt to collect a debt. It is barred by the automatic stay, Section 362 of the BR Code.
Answer Applies to: New York
Replied: 12/18/2011
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Answer Applies to: New York
Replied: 12/18/2011
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Answered By: Mazyar Hedayat and Associates
Debtors are protected by 11 USC 362, also known as the Automatic Stay, which prevents creditors from attempting to collect, perfect, or enforce any debt or claim. This will keep creditors of every kind of contacting you once you are in bankruptcy. But the Automatic Stay only applies once you've filed. Until you file, you are completely vulnerable. I hope this information has been helpful.
Answer Applies to: Illinois
Replied: 12/18/2011
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Answer Applies to: Illinois
Replied: 12/18/2011
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Answered By: The Law Office of Marvin Wolf
Only the actual filing of a bankruptcy petition will activate the automatic stay against collection efforts from the court. You can't get the power of a federal court order to protect you if you are not even in the court system.
Answer Applies to: New Jersey
Replied: 12/17/2011
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Answer Applies to: New Jersey
Replied: 12/17/2011
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Answered By: THOMAS G. GILL, P.A.
They can contact you until you actually file bankruptcy. Once you file it activates what's called an "automatic stay" which stops all collection efforts. However, up until then they can continue to bill, call and sue you should retain a bk attorney.
Answer Applies to: Maryland
Replied: 12/17/2011
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Answer Applies to: Maryland
Replied: 12/17/2011
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Answered By: Gregory J. Wald, Attorney at Law
Yes, they can continue to do this until you actually do file bankruptcy petition.
Answer Applies to: Minnesota
Replied: 12/17/2011
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Answer Applies to: Minnesota
Replied: 12/17/2011
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Answered By: The Law Office of Darren Aronow, PC
No, it is a violation of the automatic stay to send you bills during your bankruptcy.
Answer Applies to: New York
Replied: 12/17/2011
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Answer Applies to: New York
Replied: 12/17/2011
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Answered By: The Stockman Law Office
Yes. Any valid creditor may try to collect a debt from you prior to your filing a bankruptcy petition. You do not have bankruptcy protection until your bankruptcy petition is actually filed...........not by telling your creditors you will file some time in the future.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
After filing bankruptcy creditors are sent a notice and are no longer allowed to pursue collection.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Goldsmith & Guymon
Until you file bankruptcy the credit card companies can continue to charge as allowed under the contract.
Answer Applies to: Nevada
Replied: 12/16/2011
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Answer Applies to: Nevada
Replied: 12/16/2011
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Answered By: Eranthe Law Firm
If you filed for bankruptcy there is a stay in effect and they cannot contact you. If you are "wanting" to file for bankruptcy there is no reason they can't contact you unless you have sent them a letter telling them not to. You must put it in writing that you cannot afford to pay them and meet your necessary expenses. Tell them to stop contacting you that you are being harassed. Search through precious answers to this question for specific letter content. Send it certified mail, return receipt requested and keep a copy for your records. This will cut down if not end the contacts.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Office of Michael Johnson
Yes until you file the bankruptcy.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: Law Offices of William W. Burns
Once you have filed your bankruptcy petition and the creditors have received notice of the bankruptcy they should not then contact you. However, some creditors do not pay attention to the notice.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Ashman Law Office
Of course they can. Wanting to file is meaningless. In fact, by telling creditors that, you have caused them to work harder to come after you. Instead of messing things up more, hire a lawyer and stop talking to creditors.
Answer Applies to: Georgia
Replied: 12/16/2011
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Answer Applies to: Georgia
Replied: 12/16/2011
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Answered By: The Law Offices of Kristy Qiu
Until you have filed and have a case number, the original creditors and their lawyers can keep calling you. Unless it's a collection agency, they have to stop calling you if you express the intent of not paying them.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: Guardian Law Group PLLC
Until you actually file they can continue their collection activities.
Answer Applies to: Utah
Replied: 12/16/2011
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Answer Applies to: Utah
Replied: 12/16/2011
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Answered By: Law Offices of Robert P. Taylor
Until you actually file, yes.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Office of William C. Wood, LLC
Yes. Once you actually file a bankruptcy case, an automatic stay goes into effect whereby collection efforts are required to cease. If no case has been filed, collection efforts may continue.
Answer Applies to: Maryland
Replied: 12/16/2011
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Answer Applies to: Maryland
Replied: 12/16/2011
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Answered By: Diefer Law Group, P.C.
Yes. Until you actually file your case creditors can still contact you. You will not have protection until you file the case.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Offices of Michael B. Fisher
Yes, the creditors have the ability to try and collect a valid debt until you file a case which creates an automatic stay prohibiting them from doing so.
Answer Applies to: New Hampshire
Replied: 12/16/2011
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Answer Applies to: New Hampshire
Replied: 12/16/2011
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Answered By: Law Office of Larry Webb
Yes. You must actually file for bankruptcy protection to stop collection.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Offices of Joseph A. Mannis
Yes, they can. Until you actually file the bankruptcy, they will continue to do this. Translation - it's probably time to get this process started.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Harkess and Salter, LLC
There is a huge difference between "wanting to file for bankruptcy" and actually filing. I may WANT to be king, but no one has to bow to me unless and until I actually wear the crown. Until you actually file with the Court and have a case number, your creditors are free to continue collection activities of all types including sending you statements, calling to collect, suing you for a judgment, and garnishing wages or bank accounts after they have a judgment.
Answer Applies to: Colorado
Replied: 12/16/2011
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Answer Applies to: Colorado
Replied: 12/16/2011
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Answered By: Law Office of Felipe A. Malo, P.A.
If they were included in the bankruptcy petition they must stop sending you bills.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: The Orantes Law Firm
Sure. If you have not yet actually filed for bankruptcy protection, there is nothing to prevent them from sending you such demand letters.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: J.M. Cook, P.A.
Yes. Until you file, the automatic stay does not apply. It is common to get the "hard sell" if they believe you are about to file.
Answer Applies to: North Carolina
Replied: 12/16/2011
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Answer Applies to: North Carolina
Replied: 12/16/2011
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