Is there a fine against a credit attorney for contacting the creditor instead of the creditor's attorney when chapter 13 was filed?

The filing of a petition under Chapter 13 "automatically stays" most collection actions against a debtor or a debtor's property. For so long as the stay is in effect, creditors generally cannot even make a telephone to demand for payment to a debtor. The automatic stay should be respected and taken seriously.

Section 362(h)of the Bankruptcy Code provides that an individual injured by any willful violation of a stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. If the creditor was unaware of the Chapter 13 bankruptcy, then it was an innocent mistake and no action is warranted. If the knew of the bankruptcy and contacted you anyway, then consult with your attorney to see if penalties are appropriate under the circumstances.

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