Will creditors stop calling after I file bankruptcy?
Full Question:
Will creditors stop calling after I file bankruptcy?
01/05/2007 |
Category: Bankruptcy |
State: Alabama |
#192
Answer:
Yes. After filing for bankruptcy, the automatic stay will prevent creditors from calling and harassing the debtor in any way. In fact, should a creditor continue to attempt to contact the debtor during the automatic stay, that creditor could be held liable for damages.
Federal bankruptcy laws provide a private cause of action for an individual injured by any willful violation of the automatic stay. The injured individual is entitled to recover actual damages, including costs and attorney's fees. Punitive damages are awarded when the actions taken by the creditor are particularly egregious and there is a showing of actual damage.
