What Should You Do If Creditors Are Still Harassing You After Filing for Bankruptcy?

You’ve taken the big, brave step of filing for bankruptcy. The automatic stay should’ve stopped all those collection calls, threatening letters, and other relentless forms of creditor contact. But somehow, the phone is still ringing, emails are piling up, and the anxiety is creeping back in. Why is this happening? And what can you do about it?

The truth is, creditor harassment after filing for bankruptcy is often illegal. At Whitten & Whitten, we’ve been protecting bankruptcy filers for over 20 years, and we’re here to empower you with tools and knowledge to make it stop—for good.

The Automatic Stay: Your Legal Shield

The moment you file for bankruptcy, a powerful safeguard known as the automatic stay kicks in. This court order prohibits most creditors from pursuing collection activities against you.

What the Automatic Stay Stops:

• Phone calls, texts, emails, and letters from creditors
• Debt-related lawsuits
• Wage garnishments
• Foreclosure proceedings
• Vehicle repossessions
• Utility shut-offs

However, there are exceptions. Certain obligations, like alimony, child support, criminal proceedings, and some tax debts, are not covered by the automatic stay.

Why Are Creditors Still Contacting Me?

Despite legal protections, there are several reasons why you might still hear from creditors:

1. Notice Delays

After filing, it can take several days for the bankruptcy court to notify all creditors, particularly if they have large, complex operations.

2. Incorrect Information  

If a creditor was not listed in your bankruptcy filing or was sent notice to an outdated address, they might not be aware you’ve filed.

3. Automation Errors  

Some creditors rely on automated systems for calls or payroll garnishments. It takes time for these processes to shut down.

4. Bad Actors  

Unfortunately, not all creditors follow the law. Some intentionally ignore bankruptcy protections, assuming you won’t push back.

Understanding why the harassment is happening is the first step toward ending it.

What You Should Do Right Now

If creditors are persistently contacting you, the best approach is to remain calm, limit your interactions, and take clear, proactive steps to safeguard yourself.

Step 1: Document Every Interaction

Keep a detailed log of all contacts, including:

• Date, time, and method of contact
• The creditor’s name and phone number
• Notes on what was said
• Copies of voicemails, emails, letters, or texts

This documentation is critical if legal action becomes necessary.

Step 2: Verify Your Filing Information

Check that your bankruptcy filing is accurate:

• Confirm that the creditor in question is listed in your schedules.
• Check that their correct address and contact details were provided.

If you notice mistakes or omissions, ask your attorney to file an amendment to include the missing creditor.

Step 3: Provide a Clear Notice

On your next call with the creditor:

• Calmly state, “I filed for bankruptcy on \[Filing Date], under Chapter \[7/13], Case No. \[Number], in \[Court Name]. My attorney is \[Attorney Name, Phone]. Please cease all contact immediately.”
• Follow up by sending a certified letter summarizing the conversation and including a copy of your bankruptcy court notice if possible.

Step 4: Stop Garnishments and Bank Hits

If wage garnishments or auto-debits continue:

1. Notify your employer, payroll department, or bank in writing with your case number and filing details.
2. Ask your attorney to send the automatic stay notice to the payroll office or the creditor directly to speed up the process.
3. Discuss the potential recovery of funds debited from your account after your filing date.

Step 5: Notify Your Bankruptcy Attorney

Your attorney can take swift action by:

• Sending a demand letter to the creditor, reiterating that they must stop all contact.
• Contacting the creditor’s legal team if applicable.
• Filing a motion for sanctions if the harassment continues. Persistent violations can lead to penalties for the creditor, including fines and damages.

Let Us Protect You

No one should endure creditor harassment after filing for bankruptcy. The law is on your side, and you have every right to enforce your protections.

At Whitten & Whitten, we are proficient in using bankruptcy law to shield individuals from creditor abuse and provide the financial breathing room they need. If harassment has made its way into your post-filing experience, don’t wait to act. Reach out to us for experienced, compassionate support in enforcing your rights and securing the peace you deserve.