Creditors Collecting After Bankruptcy
Filing for bankruptcy can be a difficult decision to make, but it can also be a way to gain control of your finances and get a fresh start. However, even after filing for bankruptcy, it’s possible that creditors may continue to try to collect on debts that were discharged or included in the bankruptcy.
It’s important to understand the different types of bankruptcy and what debt can be discharged. Chapter 7 bankruptcy is the most common type of bankruptcy and is known as a liquidation bankruptcy (although with California’s generous exemptions it’s fairly rare to lose any assets). Chapter 13, on the other hand, is a reorganization bankruptcy that allows debtors to keep their assets and pay off a portion of their debts over time.
Once you’ve filed for bankruptcy, your creditors should stop all collection efforts. This is because the bankruptcy court will issue an automatic stay, which enjoins all collection activities. This means that creditors cannot call you, send you letters or emails, or take any legal action against you to collect on the debts that were included in your bankruptcy.
If a creditor continues to contact you after you’ve filed for bankruptcy, you should notify them that you have filed and provide them with the case number and the name of your bankruptcy attorney. They should stop contacting you and instead direct any communication to your attorney.
If a creditor continues to try to collect on debt that was discharged in bankruptcy, you can take legal action against them. You may be entitled to damages for any harm or stress caused by their illegal collection efforts. You should notify your bankruptcy attorney, who can take steps to ensure the automatic stay and protect your rights.
In conclusion, filing for bankruptcy can be a difficult but necessary step in gaining control of your finances. However, it’s important to be aware that creditors may continue to try to collect on debts after you’ve filed for bankruptcy.
If any questions, feel free to reach out to your Yuba City bankruptcy attorney at 530-797-4402.
Categorized in: Debt