Скачать или смотреть How Bankruptcy And A Bankruptcy Lawyer Can Protect You From Creditor Calls And Actions

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Law Offices of Nicholas Gebelt
15150 Hornell St
Whittier, CA 90604
(562) 777-9159

The automatic stay under any bankruptcy filing protects you from creditor harassment.
When you file a Chapter 7 petition or any bankruptcy Chapter, an automatic stay is triggered. In law, the stay stops all actions by creditors against you as a person, against your possessions and against the bankruptcy estate that is created when you file your petition.
In practical terms, this means that those creditors cannot:
Call you on the phone,
Send you bills,
Write your letters,
Sue you,
Garnish wages,
Seize money out of bank accounts,
Foreclose on property,
Repossess property,
In other words, the automatic stay erects a legal brick wall around you to protect you from your creditors.
If a creditor violates the stay after they receive clear notice, you can sue them in bankruptcy court. If you are successful, they have to cover your court costs and attorney's fees, something that is near and dear to a bankruptcy attorney's heart.
It is also unusual in American law, which shows how seriously the court takes this protection. Generally, in most legal settings, each side covers its own costs and attorney's fees unless there is an enabling statute or preexisting contractual right. In this case, the bankruptcy code has an enabling statute, which means it will rake the flesh off of creditors if they violate the automatic stay.
In rare cases, a creditor's overreach will be an honest mistake on the part of the creditor. We will always first ask them to stop and warn them about your stay, and that will usually put an end to any harassment. If they just keep pushing, however, we will push back hard, and we will sue them in bankruptcy court.
After you get your discharge, the automatic stay terminates and is replaced with a permanent discharge injunction. Once that happens, any debts that were discharged in the bankruptcy can never be collected on. And, if they do, we can go back to the bankruptcy court and sue them.
That said, if there were debts that were not discharged, then the discharge injunction does not prevent those creditors from coming after you to collect those debts. For example, an obligation to pay child support or certain tax debts are not dischargeable. Debts that the relevant authorities will continue to try to collect from you because that debt was not discharged in the bankruptcy.

For More Information About Bankruptcy, Please Visit:
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