Your Rights Under Bankruptcy & FDCPA
Filing for Chapter 7 or Chapter 13 bankruptcy is supposed to bring relief — an automatic pause on collection efforts so you can breathe again. But what happens when collectors ignore the rules and keep calling, texting, or sending letters?
In this post, we’ll explore what the automatic stay means, how creditors sometimes violate it, and how you can use the Bankruptcy Code, FDCPA, and even the TCPA to fight back.
What Is the Automatic Stay?
When you file for bankruptcy, 11 U.S.C. § 362 imposes an automatic stay — a powerful court order that immediately stops:
- Collection calls, texts, emails, and letters
- Wage garnishments
- Foreclosure proceedings
- Lawsuits and judgments
Creditors and debt collectors must halt all efforts to collect, period. The stay is one of the most valuable protections bankruptcy offers.
Common Violations
Unfortunately, violations are common. Here are some examples:
- Collection Calls or Texts – Any contact demanding payment after your filing date can be a violation.
- Letters or Threats – Dunning letters, notices of intent to sue, or repossession threats.
- Improper Lawsuits – Filing or continuing lawsuits after the stay is in place.
Even “informational” communications can cross the line if they pressure you to pay.
FDCPA & TCPA Overlap
When a collector contacts you post-bankruptcy, multiple laws may apply:
- Bankruptcy Code – You can ask the bankruptcy court to sanction the creditor.
- FDCPA – You may have a claim for unlawful debt collection attempts.
- TCPA – If calls or texts used autodialers or prerecorded messages without consent, you may seek $500–$1,500 per call in statutory damages.
These overlapping protections can significantly increase potential recovery and deter repeat violations.
Remedies for Consumers
If a collector ignores the automatic stay, you can:
- Document Every Contact – Keep call logs, screenshots, voicemails, and letters.
- Tell Your Attorney Immediately – They can bring the violation to the bankruptcy court’s attention.
- Seek Sanctions or Damages – Courts can award actual damages, attorneys’ fees, and even punitive damages for willful violations.
Key Takeaways
- The automatic stay is your shield — don’t let creditors ignore it.
- Violations can trigger penalties under bankruptcy law, FDCPA, and TCPA.
- Quick action and careful documentation are your best tools.
Bottom line: If collectors keep contacting you after filing for bankruptcy, you don’t have to put up with it. Talk to a consumer protection attorney right away — you may be entitled to financial compensation and court sanctions against the collector.
