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What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?

A creditor that continues to attempt to collect a debt after the bankruptcy is filed may be in violation of the automatic stay. You should immediately notify the creditor in writing that you have filed bankruptcy, and provide them with either the case number and filing date or a copy of the petition that shows it was filed. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action and, if the creditor is willfully violating the automatic stay, the court can award the debtor actual damages (including costs and attorney fees) and, in appropriate circumstances, punitive damages.  Any such legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.

Type: 
For Debtor