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Sometimes creditors commit violations in a Chapter 7 bankruptcy

When searching for a debt relief option, Texas consumers often search for relief from the calls, texts, emails and other communications from creditors. Those struggling with overwhelming debt do not need the constant reminders of what they already know -- they are unable to pay their debts. Filing for Chapter 7 bankruptcy stops this activity through the automatic stay. Creditors are required to adhere to the law that states that they cannot continue to pursue payment as long as the stay is in effect.

Sometimes, creditors fail to stop collection efforts despite this mandate. In the first days after filing, a Texas consumer could continue to receive communications from creditors, but this is often blamed on the fact that news has not yet reached them. Filers are encouraged to keep their case number and other important information with them in order to advise creditors that continue to call of the filing.

In most cases, providing this information is enough to stop the contact, but not all creditors do stop their collection efforts. When this happens, it may be possible to hold them accountable. If proved, the creditor faces penalties for the violation that vary depending on the circumstances.

Chapter 7 bankruptcy filers do not have to simply sit back and let collection efforts continue after seeking the protection of the U.S. Bankruptcy Code. If a creditor that was already informed continues to harass a filer, the court needs this information immediately since this is a violation of the filer's rights. Until and unless the court gives a creditor permission to continue to seek payment of a debt, the sanctity of the automatic stay be respected.

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