Free Creditor Harassment FAQs | Free Creditor Harassment Legal FAQs

Will filing for bankruptcy stop collection efforts?

Wed, 12 Dec 2007 00:11:59 GMT

This answer depends upon the type of creditor that is after you. When filing for bankruptcy an “automatic stay” goes into effect. The automatic stay protects you from most creditors taking action to collect the debts. However, a creditor may remove this protection by requesting removal from the bankruptcy court. In general, the automatic stay will protect you (sometimes temporarily) from foreclosures on your home or from being evicted.

What is an automatic stay in connection with a bankruptcy petition?

Tue, 19 May 2009 21:02:34 GMT

An automatic stay is legal mechanisim which automatically stops lawsuits, foreclosures, garnishments, and all collection activity against a debtor the moment a bankruptcy petition is filed.

Can A Creditor Object To A Debt Being Discharged?

Wed, 12 Dec 2007 00:12:00 GMT

Yes. A creditor may object to the discharge of a debt in Chapter 7 bankruptcies. The creditor has the burden to prove that the debt should not be discharged by usually showing fraudulent acts or other reasons allowed by law. In a similar fashion, a creditor may request a previous discharge be revoked.

What Can I Do If A Creditor Keeps Trying To Collect Money After I Have Filed Bankruptcy?

Tue, 29 May 2007 21:19:00 GMT

If a creditor continues to attempt to collect a debt after the bankruptcy is filed in violation of the automatic stay, you should immediately notify the creditor in writing that you have filed bankruptcy. In addition, you should provide them with either the case name, number and filing date, or a copy of the petition that shows it was filed. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action. Further, if the creditor is willfully violating the automatic stay, the court can hold the creditor in contempt of court and punish the creditor by fine or incarceration. Any legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.

I Am Involved In A Short Sale Situation With My House And The Lender Wants Me To Sign A Promissory Note For The Difference Will I Be Able To Discharge This Note In Bankruptcy.

Wed, 12 Dec 2007 00:12:05 GMT