Hiring a legal professional to help when filing for bankruptcy, can help relieve the pressure along with eliminating the stress of the entire filing process. Once the bankruptcy is filed with the court, the trustee's office will send notices to all the creditors listed on the schedules. At this time, all debt collection procedures should stop. Because of the automatic stay, creditors are prohibited from writing, calling, e-mailing or contacting the filer in any way. During this time all communication will stop. The only person allowed to communicate with the creditors is your bankruptcy attorney. This is benefit why filing bankruptcy is so popular, and allows the debtor to concentrate on work and family life to get their finances back in order.
Filing Bankruptcy Form, Bankruptcy Lawyer Houston, Vermont Bankruptcy Lawyer,
Sometimes creditors will still harass you after you get your discharge from the bankruptcy filing. If this happens it's important to contact your bankruptcy attorney immediately and let him/her know what is going on. Some creditors simply ignore the US Bankruptcy Court discharge order. Usually these are the creditors that bought the debt from the original creditor for pennies on the dollar. If a creditor continues harass you over a debt that was discharged in your bankruptcy, don't worry, you are protected by the Fair Debt Collection Practices Act. The FDCPA was created by the United States Congress to eliminate abusive collection practices by debt collectors, to ensure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantage, and to promote consistent state action to protect consumers against debt collection abuses.
Recently, a state Bankruptcy Court opened the door to create new laws to go after creditor abuse. By doing this, the court no longer limits debtors to discretionary contempt remedy by a bankruptcy judge for pursuing discharged debts against certain bill collectors. Now, a lawsuit may be filed against debt collectors under state and federal law. This issue can arise when a debt collection company buys discharged debt from a creditor after the bankruptcy discharge has been entered and then try to collect on it. This is actually a debt buying practice that happens all the time. The new law makes the distinction that it's no longer necessary to go back to the bankruptcy judge for help since a creditor debtor relationship actually never existed. Because of this, the debtor can use the Fair Debt Collection Practices Act and sue the creditor for damages under the law.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
Rating of Avoid Bankruptcy
Get Online Application at online Bankruptcy Lawyer.
0 comments:
Post a Comment