Folks frequently come in to talk about bankruptcy and are very concerned that an arrest warrant may be issued as they haven’t paid their debts — either before filing bankruptcy or even after filing for bankruptcy. They have heard about phone calls or emails from debt collectors (or have even gotten those kind of threats) [...]
Automatic Stay In Bankruptcy
Do you receive late notices and collection letters in the mail? You probably opened them at first, but now do you just throw them in an unopened pile, hoping to deal with them later – and later never comes? Are you tired of explaining why you have not paid a bill, embarrassed telling complete strangers [...]
When a creditor obtains a court judgment against a debtor, wage garnishment can be soon to follow. Most persons subjected to wage garnishment will consult a lawyer to see if it can be stopped, and many of those will file either chapter 7 or chapter 13 bankruptcy to stop the wage garnishment. While stopping a garnishment through [...]
A U.S. bankruptcy court in California agreed with a chapter 13 debtor that the terms of his chapter 13 plan could prevent a foreclosure, even though he had previously filed a chapter 13 which was dismissed in the one year prior to his second case. Mortgage banks will consider this ruling to be an “end run” [...]
Bankruptcy has some of the more powerful protections for consumers around — the automatic stay and the discharge. There’s an unfortunate secret about the law that no one wants to brag about — with the automatic stay, you can often violate it until someone tells you to stop. Debt collectors know all about the stay [...]
Bankruptcy stops most collection efforts. There’s an automatic stay, an injunction, as soon as the case is filed. Then there is the discharge injunction, when the case is over. Those are the core protections you want and get by filing the bankruptcy case. That’s why you do it, right? The harassment is out of control. You’ve [...]
