Most people consider that one of the best outcomes of bankruptcy is that the creditor harassment stops. In fact, it might have been even those nonstop phone calls across the day that prompted you to schedule a consultation with a bankruptcy lawyer. A bankruptcy attorney will tell you during your first meeting about whatâs required as far as getting things in order for your future and what protections you receive after you file.
It’s difficult to realize that you need assistance from an experienced bankruptcy attorney. Post-bankruptcy harassment, however, is increasingly common and can leave you confused about your rights. Creditors are not allowed to continue harassing you after you’ve initiated a bankruptcy filing. Talking with an experienced bankruptcy lawyer is strongly recommended so you understand all of your rights and responsibilities as soon as you initiate your petition.
In the majority of cases, when a debtor files for bankruptcy, creditors will discontinue all contact directly with a debtor. Many creditors are familiar with the fact that if they tried to collect against a debtor after a bankruptcy is filed, they could find themselves in critical trouble with the court. Of course, there are some situations in which a debt collector or a creditor just doesn’t get it and continues to try to harass or collect against the debtor. Bankruptcy codes in the United States protect debtors against creditors who are overstepping these bounds. When you file your petition for bankruptcy, there is an injunction known as an automatic stay that is stipulated immediately.
This stay prohibits creditors from taking any actions to assess, collect or recover any claim that such a creditor had against a debtor prior to filing. All creditors will get a notice from the court informing them of the automatic stay. However, if the creditor has personal knowledge of that debtor’s bankruptcy in some way, the creditor is presumed to be aware of the restrictions associated with the automatic stay. An attorney may need to get involved if you find yourself dealing with problems in your claim. The right attorney is exceptionally important.