Once I file for bankruptcy how soon after will the creditors stop calling?

Full question:

I'm going to be filing for a Chapter 7 Bankruptcy. I live in Washington, DC. Once I file for bankruptcy, how soon after that do the bill collectors stop harassing you by phone and mail? Does the bankruptcy fee have to be paid all at once before sending out letters to the creditors that you are filing a Chapter 7? Is there any way that I can have the filing fee waived? Is it possible that I could do this on my own without going through a lawyer?

• Category: Bankruptcy
• Date: 04/07/2025
• State: District of Columbia

Answer:

1. Once I file for bankruptcy, how soon after that do the bill collectors stop harassing you by phone and mail?

After the filing of the bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge.

After filing for bankruptcy, the automatic stay will prevent creditors from calling and harassing the debtor in any way. In fact, should a creditor continue to attempt to contact the debtor during the automatic stay, that creditor could be held liable for damages.

2. Does the bankruptcy fee have to be paid all at once before sending out letters to the creditors that you are filing a Chapter 7?

With the exception of those persons permitted to pay the filing fee in installments, every petition for bankruptcy under the Bankruptcy Code must be accompanied by a prescribed filing fee which is to be paid to the clerk of the bankruptcy court, if one has been certified, or to the clerk of the district court. Individuals commencing a voluntary case or a joint case under the Bankruptcy Code may pay the required filing fee in installments. To take advantage of this option, the debtor must file his or her voluntary petition accompanied by the debtor's signed application stating that the debtor is unable to pay the filing fee except in installments. The applicant must also set forth the proposed terms of the installment payments and certify that the applicant has not paid any money or transferred any property to an attorney for services in connection with the case. The determination of whether the fee may be paid in installments must be made prior to the meeting of creditors, and at such time, the court may fix the number of payments as well as the amount and dates of payment. Although some leeway is given to individual debtors in paying the filing fee in installments, the number of installments cannot exceed four and the final installment must be paid no later than 120 days after the petition is filed, unless for cause shown, the court extends the payment date of the final installment.

3. Is there any way that I can have the filing fee waived?

Filing fees for commencing a case under the Bankruptcy Code are expressly excepted from the operation of 28 U.S.C.A. CB' 1915(a), which provides that if authorized by any United States court, the commencement, prosecution, or defense of any civil suit, action, or proceeding or appeal therein may be undertaken without prepayment of fees and costs or security by a person who sets forth an inability; to pay such costs or give security.; However, Courts have held that the bankruptcy court is not a "court of the United States" under 28 U.S.C.A. B' 451 authorized to permit a litigant to proceed in forma pauperis under 28 U.S.C.A. B' 1915 without prepayment of fees and costs. Even though a petitioner may qualify under 28 U.S.C.A. B' 1915(a), the appropriate filing fee must be paid. Otherwise the case will be dismissed.

4. Do you know a good lawyer that you can recommend in Washington, DC.?

There are many ways of selecting an attorney to assist in the debtor's bankruptcy proceeding. Perhaps the most familiar way is through word of; mouth. In essence, what this means is personally asking friends or relatives who have hired attorneys in the past whether they would recommend that attorney. Another method of locating a reputable bankruptcy attorney is to contact the local bar association. Often these bar associations have referral services that can help locate an attorney. These services generally require that the attorney specialize in bankruptcy and maintain malpractice insurance. Also, organizations like the American Bankruptcy Institute and the Commercial Law League of America operate certification programs and can refer the debtor to a certified attorney in the debtor's area.

5. Is it possible that I could do this on my own without going through a lawyer?

While it is not necessary to hire an attorney to file for bankruptcy, in most cases the benefits of hiring an attorney outweigh representing yourself. Keep in mind that the bankruptcy code is very complex and filing a bankruptcy petition requires a thorough knowledge of the bankruptcy code and other laws. An experienced attorney can help you correctly list all of your obligations and help you keep as much property as possible and eliminate as much debt as possible. If you do not file the paperwork correctly or use an unlicensed, non-attorney, the problems you may face could exceed the cost of an experienced attorney.