What Should You Do if a Creditor Keeps Calling After Bankruptcy?

 Posted on May 10, 2026 in Debt Resolution & Settlement

If a creditor keeps calling you after you have filed for bankruptcy, they may be violating federal law. The moment you file for bankruptcy, an automatic stay goes into effect. It legally prohibits most creditors from contacting you or attempting to collect a debt. If a creditor continues to call, send letters, or take collection action after that point, you have the right to take legal action against them. If this is happening to you in 2026, a Montgomery County, MD bankruptcy lawyer can help you understand your rights and hold the creditor accountable.

What Is the Automatic Stay and What Does It Protect You From?

The automatic stay is one of the most immediate and powerful protections that comes with filing for bankruptcy. Under 11 U.S.C. § 362, the automatic stay goes into effect the moment your bankruptcy petition is filed. It stops most creditors from taking any action to collect a debt, including phone calls, letters, emails, lawsuits, wage garnishments, and repossessions.

The automatic stay applies to most types of debt and most types of creditors. There are limited exceptions, such as certain domestic support obligations and some tax actions. However, for the vast majority of consumer debts, the automatic stay puts an immediate stop to collection activity.

Why Would a Creditor Keep Calling After Bankruptcy?

There are a few reasons this can happen. Some creditors simply have not received notice of your bankruptcy filing yet. Bankruptcy courts send formal notices to creditors, but it can take a few days for that notice to arrive. During that window, a creditor may contact you without knowing the bankruptcy has been filed.

Other times, a creditor knows about the bankruptcy but continues collection activity anyway. This can happen because of internal communication failures, because a debt was sold to a third-party collector who was not properly notified, or, in some cases, because the creditor is simply disregarding the law. Whatever the reason, once a creditor has actual knowledge of your bankruptcy filing, continued collection attempts are a violation of the automatic stay.

What Should You Do When a Creditor Contacts You After Bankruptcy?

The first thing to do is to document everything. Write down the date, time, and nature of every contact. If the creditor calls, note the phone number, the name of the person who called, and what they said. If they send a letter or email, keep a copy. This documentation will be important if you decide to take legal action.

Do not engage in lengthy conversations with the creditor. You can simply let them know that you have filed for bankruptcy and provide them with your bankruptcy case number. You are not required to pay the debt or negotiate with them. After notifying them of the bankruptcy, end the conversation.

Then contact your bankruptcy attorney right away. Your attorney can send a formal notice to the creditor and take steps to enforce the automatic stay if the calls continue.

What Happens if a Creditor Willfully Violates the Automatic Stay?

If a creditor knows about your bankruptcy and continues to contact you or take collection action anyway, that is called a willful violation of the automatic stay. Under 11 U.S.C. § 362(k), an individual debtor who is harmed by a willful violation of the automatic stay is entitled to recover actual damages, which can include any financial losses caused by the violation, as well as costs and attorney fees.

This is a real and enforceable remedy. Courts have sanctioned creditors for continuing to call, sending threatening letters, and even proceeding with lawsuits after being notified of a bankruptcy filing. The law takes these violations seriously, and so should you.

What if a Creditor Calls After Bankruptcy About a Debt That Is Not Dischargeable?

Some debts are not discharged in bankruptcy, including most student loans, recent tax debts, child support, and alimony. Creditors holding these types of debts may have more flexibility to continue certain communications after bankruptcy. However, even they must comply with the terms of the automatic stay during the active case. Once a discharge is entered and the bankruptcy is complete, creditors holding non-dischargeable debts can resume collection efforts on those specific obligations.

If you are unsure whether the debt the creditor is calling about is dischargeable, your bankruptcy attorney can help you clarify that quickly.

Contact Our Prince George’s County, MD Bankruptcy Lawyer for a Free 30-Minute Consultation

The Montgomery County, MD bankruptcy attorney at Bloc One Services, LLC is relatable, straightforward, and committed to giving the local community quality legal help at a fair and reasonable price. You deserve to have someone in your corner who will hold creditors accountable and make sure your rights are protected. Call 240-200-0076 to talk about what is happening and find out what can be done.