Free Creditor Harassment FAQs | Free Creditor Harassment Legal FAQs - LawInfo

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

Tue, 19 May 2009 20:02:34 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.

Will filing for bankruptcy stop collection efforts?

Tue, 11 Dec 2007 23:11:59 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.

Can A Creditor Object To A Debt Being Discharged?

Tue, 11 Dec 2007 23:12:00 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.

How Can My Car Be Repossessed?

Tue, 07 Dec 2010 18:05:43 GMT

Your car may be repossessed by the owner of your auto loan if that creditor has a security interest in your car. Most creditors who issue car loans issue the loan with the car as collateral for the loan. That means that if you stop paying your car loan or default on your loan then your creditor may be able to repossess your car. Before repossessing your car, you creditor must provide you with n

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

Tue, 29 May 2007 20:19:00 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

Will I receive Notice Before My Car is Repossessed?

Thu, 09 Sep 2010 16:31:34 GMT

Most states require that your creditor provide you with notice before your car is repossessed. While the exact requirements of the notice differ from state to state, most states require creditors to include the basis for the decision to repossess the car, the date on, or after, which the car may be repossessed, and what you can do to prevent the repossession.

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.

Tue, 11 Dec 2007 23:12:05 GMT

This is a common tactic by lenders in a short sale situation. However, if you sign the note then try to file for bankruptcy shortly thereafter, you may have a difficult time convincing the bankruptcy court to discharge the debt.

What is Redemption?

Wed, 22 Dec 2010 18:49:52 GMT

Redemption is a legal term that describes a debtor’s action of reclaiming collateral that a creditor took legal possession of pursuant to the terms of a secured loan. Typically, a debtor must pay the creditor the fair market value of the collateral in order to redeem it. Some states have specific laws about when and how a debtor may redeem property. Sometimes a debtor must seek a court o

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