I recently had a couple in my office who alerted me to an ongoing scam against people who have filed for Chapter 13 bankruptcy. This couple had filed for Chapter 13 protection pro se (without an attorney) and immediately began to receive calls from the “clerk of the court” – at least that was the number which was popping up on their cell phone caller ID.
The caller had information from the Chapter 13 filing (which is a semi public record that can be pulled with a PACER account) related to their debts, place of employment and other bankruptcy related filings. The caller said that there was an issue with the Chapter 13 related to one of the debts having to be paid off immediately. The caller insisted that unless the debt was paid off (approximately $500) immediately by wire transfer, then the FBI would have be called to prosecute them for some type of fraud.
If you read the above paragraph, red flags are all over place. Never wire money. Never believe that a law enforcement group is going to enforce a civil debt. Never pay money to a creditor directly after you have filed for Chapter 13 unless your Plan says to pay directly.
Luckily, the individuals did not fall for the scam, but plenty of people have in the past. In fact, this scam has been ongoing for at least a year, even with files who have been represented by attorneys.
If you are experiencing harassment as a pro se filer, give us a call. We can alert you to this type of activity. We will review your situation and give you an honest opinion of whether we can help you through the process. We may even be able to help you avoid criminal scams so that you can put your money towards saving your home and vehicles as the Chapter 13 intended.
At Mickler & Mickler, we attend Court on a regular basis. We have the experience and knowledge to ensure that you receive the correct advice when confronted with difficult financial decisions related to filing bankruptcy. Contact us at 904.725.0822 or firstname.lastname@example.org.
Bryan K. Mickler