Monthly Archives: November 2014

Does A Bankruptcy Filing Stop Creditors Calling?

As human beings, we seek pleasure and avoid pain.  Filing bankruptcycreditor CALLS

stops the pain of creditor harassment, including those annoying

phone calls from creditors and their debt collectors.

Filing bankruptcy gets you something called the automatic stay.

You do not have to see a judge, or file an emergency motion.

All debt collection action, including phone calls, is stayed, or stopped,

just by filing the petition.

Of course, the creditor/debt collector needs to be notified of the bankruptcy filing.

I do that for my clients.

You need to get your lawyer the contact information, preferably email.

All bankruptcy filings are electronic, so the court is always open, and I get the bankruptcy case number right away.

That number verifies that you did file bankruptcy, and collection action must stop.

Phone calls, letters, foreclosure proceedings, lawsuits, collection actions like garnishment or execution on judgments, repossessions, everything.

The automatic stay applies whether you file Chapter 7 or Chapter 13 bankruptcy.

However, the bankruptcy filing stay is temporary.

Once you get your discharge, or, if the bankruptcy case is dismissed, or the bankruptcy court issues an order lifting the stay, upon request of a creditor, the stay is over.

Your personal liability is discharged, but, a lien a creditor has, like on your vehicle title, or the recorded mortgage on your home, survives bankruptcy.

(with some complicated exceptions – that is one reason you need a lawyer)

Child support and criminal fines and some other debts are NOT subject to the automatic stay.

But credit cards, payday loans, other personal loans, utility or phone bills, debt collection on all of those is stayed.

So, relief can be just a bankruptcy filing away.

Contact me if you have questions.

 

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How Does Bankruptcy Affect Your Credit?

CREDITcards

There is no clear answer to this question. If you are behind on your bills, your credit is already be bad. Bankruptcy will probably not make things any worse. The fact that you’ve filed a bankruptcy can appear on your credit record for up to ten ten years from the date your bankruptcy case wasContinue Reading