Stay and Discharge Violations

Stay and Discharge Violations

The moment you file for bankruptcy creditors are to stop attempting to collect debts. Also, once a debt is discharged, creditors are not allowed to still attempt to collect. However, some creditors just don’t get it. That’s where we come in!

People who file for bankruptcy receive protection from their creditors. Upon the filing of bankruptcy, an automatic “stay” of legal proceeding and collection efforts prevents creditors from collecting or attempting to collect debts. This includes improperly repossessing a car or foreclosing on a house, as well as, calling you and sending notices.  Unfortunately, not all creditors always stop collection efforts. When this happens, we may receive sanctions against the offending creditor.

In addition, once a debt is discharged, a creditor is not allowed to attempt to still collect a discharged debt. If they do, we can seek sanctions against the offending creditor. The creditor may have to pay our clients and or attorney fees for violating these fundamental protections given to those who file bankruptcy.  We can assist you to stop the improper collection efforts even if you used a different lawyer for your bankruptcy.