Protecting Your Rights After You File Bankruptcy
by
Theodore L. Araujo on May. 08, 2012
Bankruptcy & Debt Lawsuit & Dispute Consumer Rights
Summary: If your rights are violated by collection agence you can sue them as part of your bankruptcy.
Record the Communication
When you file Bankruptcy you are protected by a statute called the "Automatic Stay". Section "362" of the Bankruptcy Code is a 15 page statute that basically says that 1)No entity or person; 2) may commit any overt act (i.e. do anything) to; 3) gain possession or control of...4) property of the estate. All of your property is part of the bankruptcy so if someone violates your rights and communicates with you after you filed the case make sure you write down all of the information you can get from them. Name, real address and mailing address, website, corporate name and phone number and anything else your attorney needs to sue them!
Check and Make Sure they are Listed!
Next, and before you contact your attorney, check the mailing matrix and especially Schedule F to make sure the creditor is listed! If the creditor is not listed then let your attorney know. The creditor will probably have to be added to the case!
If the Creditor is Listed
If the creditor is listed write down a summary of the communication. Did the creditor threaten you? What did they say? Did you tell them you had filed Bankruptcy and did you give them the case number? How did all of this make you feel? Once you provide all of this information to your attorney they may have a basis to sue the creditor to enforce your rights! You spent a lot of time, effort, money and emotional capital to finally decide to file Bankruptcy. DO NOT allow abusive collection agencies or creditors take away the relief you felt during or after the case ended. Make a record and determine your rights!
