Informing Creditors of Your Bankruptcy: What to Say, Your Rights, and How to Stop Collection Calls
Improved Instructions for Clients
If a creditor contacts you after you have filed for bankruptcy, please follow these steps:
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Review Your Bankruptcy Petition: Check the bankruptcy petition that was sent to you and confirm that the creditor is listed on Schedule D, E, or F of your bankruptcy schedules. A copy of your petition was provided to you at the time your filed your case. If the creditor is not listed on your petition please contact your Client Service Manager at Miller & Miller.
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Inform the Creditor: If they are listed on your bankruptcy petition, politely inform them that you have filed for bankruptcy. Provide them with:
- Your bankruptcy case number
- Your filing date
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Explain the Automatic Stay: Let them know that the automatic stay under bankruptcy law prohibits creditors from contacting you, pursuing collections, or taking legal action against you.
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Provide Attorney Contact Information: If they have any further questions, direct them to Miller & Miller Law Firm at:
- π 414-395-4520
- π§ creditors@millermillerlaw.com
Below is a script to guide your through your conversation with your creditor.
Client: Hello, my name is [Your Name], and I am calling regarding my account with [Creditor's Name].
I want to inform you that I have filed for bankruptcy. My case number is [Case Number], and the filing date is [Filing Date].
Because I have filed for bankruptcy, an automatic stay is now in effect. This means that you are legally prohibited from contacting me, attempting to collect any debts, or taking legal action against me.
Please be aware that you are not permitted to contact me directly. I recommend that you reach out to my attorneys at Miller & Miller for any inquiries. Continued communication from you would violate the automatic stay currently in effect, which legally prohibits you from contacting me directly.
For any questions, please contact my attorneys at Miller & Miller Law Firm:
π 414-395-4520
π§ creditors@millermillerlaw.com
Please ensure that your records are updated accordingly. Thank you for your time.
Sample Email to Creditors
Subject: Notice of Bankruptcy Filing β Case #[Case Number]
Dear [Creditorβs Name],
I am writing to inform you that I have filed for bankruptcy. My case number is [Case Number], and my bankruptcy was filed on [Filing Date].
As a result, an automatic stay is in place, which means that creditors are prohibited from contacting me, pursuing collections, or taking legal action against me.
Please be aware that you are not permitted to contact me directly. I recommend that you reach out to my attorneys at Miller & Miller for any inquiries. Continued communication from you would violate the automatic stay currently in effect, which legally prohibits you from contacting me directly.
Firm:
π 414-395-4520
π§ creditors@millermillerlaw.com
I request that you update your records and cease any further contact regarding this matter.
Thank you for your cooperation.
Best regards,
You should document every communication you have with creditors. If they continue to bother you after you have spoken with them please contact your client service manager.