A Creditor Is Still Calling Me After I Filed Bankruptcy -- What Do I Do?
What to Say When They Call
If a creditor or debt collector calls you after you filed bankruptcy, answer the phone. Here is exactly what to say:
That is the entire call. You do not need to explain more. You do not need to argue. You do not need to provide documentation on the phone (though you can offer to send your case number by email or fax if they request it).
How to Document Every Call
Every call after your filing date is potential evidence. Keep a log. Here is the format:
| Date | Time | Caller Name | Company | Phone Number | What Was Said | Told Them About BK? |
|---|---|---|---|---|---|---|
| 3/15/26 | 2:14 PM | Sarah M. | ABC Collections | 800-555-1234 | Demanded payment on Visa ending 4521 | Yes -- gave case # |
| Add a row for every call... | ||||||
Why They Keep Calling
In most cases, continued calls happen for one of three reasons:
- Processing delay. The creditor has not yet received the court's notice of your filing. This is common in the first 1-2 weeks after filing, especially with large creditors who process thousands of accounts. The calls should stop once the notice reaches them.
- Sold debt. Your debt was sold to a collection agency before your filing, and the new collector does not know about your bankruptcy. Telling them your case number usually stops the calls immediately.
- Willful disregard. The creditor knows about your bankruptcy and keeps calling anyway. This is the most serious scenario and the one most likely to result in damages.
The reason does not change your rights. Even if the calls are a mistake, the creditor is responsible for stopping collection activity once they have notice. After you tell them your case number, any further contact is hard to characterize as accidental.
When to Take Action
- First call after filing: Tell them you filed bankruptcy. Give them your case number. Write it down in your log. This is usually enough to stop a good-faith creditor.
- Second call after you told them: Tell them again. This time, add: "I already notified you of my bankruptcy on [date]. This is a second violation of the automatic stay. I am documenting this call." Write it down.
- Third call or more: At this point, a pattern is established. You have options:
- Notify your bankruptcy attorney (if you have one)
- Send a written cease-and-desist letter referencing Section 362 and your case number
- File a motion in your bankruptcy court for contempt and damages
- Consider consulting a consumer rights attorney -- many take stay violation cases on contingency (they get paid from the damages, not your pocket)
What Damages Look Like
Under Section 362(k), individual debtors injured by a willful stay violation can recover:
- Actual damages -- emotional distress, anxiety, lost sleep, time spent dealing with the calls
- Attorney fees and costs -- if you hire a lawyer to enforce the stay, the creditor pays, not you
- Punitive damages -- for egregious conduct, courts can award additional damages to punish the creditor and deter future violations
Courts have recognized that repeated collection calls to a debtor in bankruptcy cause real emotional harm. You do not need to prove a specific dollar amount lost -- the harassment itself is the injury.
After Your Discharge
If your bankruptcy is complete and you received a discharge, creditors are permanently prohibited from collecting on discharged debts. This is called the discharge injunction under Section 524. If a creditor calls you about a discharged debt, the violation is even more clear-cut.
Learn more about the discharge injunction at dischargeinjunction.org.