Once you file for bankruptcy in Delaware, an automatic stay should prevent creditors from proceeding with collection actions against you. This means all collection action, foreclosure and repossession must stop. If a creditor continues to contact you about a debt after the filing of your case or tries to repossess your property, they may be in violation of the automatic stay.
If the creditor violates an automatic stay, a court may decide to instill penalties against the creditor. The creditor may also be liable to you for any harm or damage caused and you may be able to pursue them legally. If they have repossessed your property, you can often seek to recover it.
Why Creditors Continue Action
In some cases, a creditor may continue to pursue action because their debt is not listed on the schedules filed with the court. If this is the case, they may not be aware of the bankruptcy. In other cases, the creditor may be contacting you about debts which are not affected by the bankruptcy or which are not a pre-petition debt.
One of your best options if creditors continue to contact you after filing for bankruptcy is to get in touch with your creditor lawyer in Delaware. You can also give the creditor the name and contact information of your attorney and request that they contact them. If you do not yet have an attorney, you can contact Doroshow, Pasquale, Krawitz, and Bhayam to secure representation and assistance.