One of the major benefits of
filing for protection under Chapter 7 is that many creditor actions are
stayed. This means that debt collection efforts and foreclosure is halted.
Once a creditor or bill collector becomes aware that you have filed for
bankruptcy protection, he/she must stop all efforts to collect the debt. After
your bankruptcy is filed, the court mails a notice to all the creditors listed
in your schedules. This usually takes a couple of weeks. If this is not soon
enough, then you should have your representative inform the creditor
immediately. If a creditor continues to use collection tactics once informed
of the bankruptcy they may be liable for court sanctions and attorney fees for
this conduct.
After your bankruptcy is filed, the court mails a notice to all the creditors
listed in your schedules. This usually takes a couple of weeks. If this is not
soon enough, then you should have your representative inform the creditors
immediately. Your attorney deals with your creditors. It may be the only time
you ever have the luxury of saying "you'll have to talk to my lawyer".
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each state has its
own bankruptcy laws, so you need to check with your state for details.
Information dealing with Chapter 13 bankruptcy and consumer debt restructuring
is not discussed in the above FAQs. The information contained in the following
FAQs is provided for general information purposes only and is not intended to
be a legal opinion nor legal advice nor is it intended to be a complete
discussion of all the issues related to the area of Chapter 7 consumer
bankruptcy. Every individual's factual situation is different and you should
seek independent legal advice regarding specific information.
(Article Courtesy Mortgage 101)
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