What You Can Do If A Creditor Violates The Automatic Stay In Bankruptcy

One of the benefits you will receive when filing for bankruptcy is something called an automatic stay, which is an order given by the court to your creditors that prevents them from contacting you for the money you owe them. If you file for bankruptcy and receive any correspondence from a creditor that you listed on your bankruptcy documents, you might be able to take action against this creditor for violating the automatic stay. If this happens, you should begin by notifying your bankruptcy lawyer.

Understand why this matters

You should realize that when a creditor violates the automatic stay, it is a serious issue. The automatic stay the court offers you is one of the key benefits of filing for bankruptcy, as it is primarily designed to stop creditors from harassing people who are pursuing bankruptcy. If a creditor contacts you, you should not simply ignore the call; you should, however, let the creditor know that you filed for bankruptcy and that the creditor is violating the law by contacting you. You should also give the creditor your lawyer's name and phone number and suggest they contact him or her instead of you.

Tell your lawyer

The first thing you should do if one of your creditors contacts you after filing for bankruptcy is to notify your lawyer. Your lawyer will look at your bankruptcy documents to make sure that this particular creditor was listed on the documents. If the creditor was not listed, then the creditor did not violate the court order. If the creditor was listed on the bankruptcy documents, the creditor violated the automatic stay and can be held accountable for breaking this order.

Notify the bankruptcy trustee

When you file your bankruptcy documents, the court will assign a trustee to your case. The trustee is a person who handles your case and evaluates every part of it. If a creditor calls you, it is important to notify the trustee who is handling your case. The trustee will be able to take action against this creditor for violating the automatic stay, and the creditor may end up facing legal troubles as a result. If a creditor continues contacting you even after the trustee informs him or her of the problem, you might be able to file a lawsuit against the creditor.

If you have questions about bankruptcy or would like to file for it, you can begin by scheduling a visit with a bankruptcy law attorney of your choice.


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