Bankruptcy Protection otherwise known as the Automatic Stay means creditors can't call you. Period!. Once you have filed your case you are under protection. Under 11 U.S.C. 362 of the United States Bankruptcy Code basically, a creditor cannot contact you. They can't call or write you. And that is the bankruptcy law
If a creditor contacts you after you have filed your bankruptcy case you can bring a motion for sanctions against them. You can collect actual damages and attorney fees. If doesn't take much. A simple phone call can be enough to to violate the automatic stay. The amount of damages varies. I have gotten as little as $200 plus attorney fees to as much as $1200 for a stay violation. It depends on the extent of the violation.
However, it is worth noting that the Bankruptcy Code allows for punitive damages if the court finds the creditor acted egregiously and with malice.
The point is Bill Collectors must cease all collection activity once you have filed. That is what bankruptcy protection is.
If there are pending law suits or judgments against you they are suppose to be closed on the filing of your case. There can be no collection act ivies. Of course, most of the time after your bankruptcy case is discharged the debt you owe will be discharged and you will no longer legally owe the money. There are exception. Law suits for violent assault, sexual assault, or drunk driving related injury, and criminal restitution will not be discharged. But your basic collection case like credit cards, medical bills, apartment bills they will be discharged.
Isn't it time you made your bill collectors leave you alone and you keep your money?
Chapter 7 Lawyer in Michigan
11636 Highland Road, Hartland, Michigan 48353, United States
Copyright © 2023 Chapter 7 Lawyer in Michigan - All Rights Reserved.
Powered by GoDaddy