Does Bankruptcy Stop Creditor Calls?
July 30, 2021
Debt collectors and creditors are permitted to interact reasonably with consumers in order to recover the money owed. Unfortunately, some collection agencies use intimidating tactics and deceptive methods when dealing with debtors. According to statistics from the Bureau of Consumer Financial Protection (BCFP) Annual Report, the Bureau received about 81,500 complaints from consumers against debt collection companies in 2018. If you are facing financial distress and considering filing for bankruptcy, an experienced bankruptcy attorney can help guide you through your options.
Attorney Lyndon Ruhnke is dedicated to providing comprehensive legal guidance and advocacy to clients in bankruptcy and creditor call-related matters. He is available to review your unique situation and explore your available legal options. As an experienced Oregon consumer bankruptcy attorney, he will craft an effective strategy to handle any ongoing creditor harassment, determine how best to protect your legal rights, and help negotiate a feasible arrangement with creditors for your unique financial situation. With offices in Gresham, Portland, and Beaverton, Attorney Lyndon Ruhnke is proud to serve clients throughout the Oregon area.
Understanding Creditor Harassment
Creditor harassment can be described as the unethical, deceptive, and threatening techniques that creditors and debt collectors often use to request the money a consumer owes them. It constitutes all kinds of provocative actions, such as bullying, abusing, coercing, intimidating, or pestering consumers or debtors into repaying their debts.
Furthermore, creditor harassment can happen over the phone, through emails, texts, direct mail, or demand letters. Prior to filing for bankruptcy, collection agencies are allowed to contact you through calls, texts, or letters between 8 a.m. and 9 p.m. However, they’re not permitted to contact you repeatedly within a short period. Also, it may be considered harassment if the creditor talks to your family, friends, neighbors, or employer about your debt.
Will Filing for Bankruptcy Stop Creditor Harassment?
Yes. Once a consumer chooses to file for bankruptcy, an “automatic stay” goes into effect. Under U.S. bankruptcy law, creditors and debt collectors must stop all of their collection efforts immediately, irrespective of the bankruptcy option.
An automatic stay is a federal injunction or order that prevents creditors or debt collectors from contacting you to recover debts, garnishing your wages, or foreclosing your property after filing for bankruptcy. The injunction specifically states that creditors are not allowed to;
Send letters, texts, or emails
Place a lien on your property
Repossess your collateral
Foreclose on your home
Continue or file a lawsuit
In fact, ignoring the automatic stay order is another form of creditor harassment. Your bankruptcy attorney can help protect your rights and take proper legal action should the harassing behavior continue after filing.
Do I Need A Bankruptcy Lawyer?
Dealing with huge debts or continuous calls and demand letters from creditors can be overwhelming. Filing for bankruptcy can be one of the eventual options to get debt relief. However, this is a huge decision that requires experienced guidance. Therefore, when considering bankruptcy, consulting with a knowledgeable bankruptcy attorney is crucial to evaluate your options and navigate important decisions.
Attorney Lyndon Ruhnke has the experience and resources to assist and guide clients through the complexities of bankruptcy proceedings. As a knowledgeable bankruptcy lawyer, he can:
Review your financial situation and help you determine the ideal bankruptcy option
Guide you through the entire filing process from start to finish
Negotiate the best possible arrangement for your unique financial situation
Handle any ongoing creditor harassment
Advise you on how to rebuild your credit and avoid common pitfalls
Craft an effective strategy to prevent potential financial adversity.
If you continue receiving harassing calls, emails, texts, and demand letters from creditors after filing for federal bankruptcy protection, call Lyndon Ruhnke, P.C. today to schedule a consultation with an experienced bankruptcy attorney. Attorney Lyndon Ruhnke can fight diligently to protect your legal rights and take proactive measures to stop creditor harassment. He proudly serves clients across Gresham, Portland, and Beaverton, Oregon.