Bankruptcy to Stop Debt Collectors
Debt collection is an art. Unfortunately, some of it is an art of inflicting mental stress upon individuals in hopes to squeeze out payment. The reality for most people is they had a reason why they did not pay the bill, and if that reason has not changed, no amount of contact is going to result in payment. In some cases, collectors will have violated your rights under the fair debt collection act and similar laws, and you should contact us about what remedies you may have. In most case, they have carefully crafted their collection technique to comply with the law, making it both legal and irritating.
Filing bankruptcy stops collection activity on debts. The bankruptcy can stop phone calls, letters, threats, and lawsuits. If a creditor refuses to stop, you may be entitled to damages from it. The automatic stay created upon filing a bankruptcy petition halts all collection activity. Collection activity is generously defined by the bankruptcy code, and the automatic stay can result in silence where there was previously a flood of creditor letters and calls.
Upon obtaining a bankruptcy discharge, the automatic stay is replaced by the discharge injunction. Creditors whose indebtedness was discharged are permanently enjoined by the court from attempting to collect the debt from you personally in the future. Violation of the automatic stay or the discharge injunction can result in an award of damages payable from the creditor to the debtor. At Fabricius & Fabricius PLLC, we take these violations very seriously, and provide each of our clients with the resources needed to document violations. We are committed to getting each of our clients the peace from debt collectors to which they are entitled under bankruptcy law.
Request a free bankruptcy evaluation today and silence the debt collectors.