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Chapter 7 Bankruptcy May Give (Temporary) Relief from Collectors

by Susanne Robicsek, North Carolina Bankruptcy Attorney on June 23, 2009 · Posted in *Chapter 13 Bankruptcy, Automatic Stay In Bankruptcy, Discharge of Debt

Filing  Chapter 7 bankruptcy will stop collection efforts of your creditors, however that relief may be temporary if your debts are of the kind that are not discharged in bankruptcy.

Some debts, like student loans, child support, many taxes, and a few others, are not discharged by bankruptcy.  However you may experience some relief from their collection for the few months a Chapter 7 is open.

Upon filing of Chapter 7 bankruptcy, an automatic stay is put into place that keeps all of your creditors from taking action against you, but the automatic stay will end when you get your Discharge

You will need to address those debts since the bankruptcy won’t.  If the problem is so big you won’t be able to handle it after your Chapter 7 is done, you might want to consider a Chapter 13 bankruptcy which puts you into a repayment plan that may deal with them.  This would only work if you have the income to make Chapter 13 payments.
To know if the debts can be dealt with in Chapter 13 bankruptcy, or what the best course of action is for you, you should consult a local bankruptcy lawyer for a full analysis of your case.
If you are under the automatic stay, or your case is over and debts are discharged, and collectors don’t stop all efforts to collect, you need to talk to your bankruptcy lawyer immediately since the creditors are breaking the law and your attorney may take legal action against them, if appropriate.  If you have any questions about what is, or isn’t discharged, your attorney can explain that to you.

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