| One of the major benefits of filing for protection under
Chapter 7 is that many creditor actions are stayed. This means that debt collection efforts and
foreclosure is halted. Once a creditor or bill collector becomes aware that you have filed for bankruptcy protection,
he/she must stop all efforts to collect the debt. After your bankruptcy is filed, the court mails a
notice to all the creditors listed in your schedules. This usually takes a couple of weeks. If
this is not soon enough, then you should have your representative inform the creditor immediately. If a
creditor continues to use collection tactics once informed of the bankruptcy they may be liable for
court sanctions and attorney fees for this conduct.
After your bankruptcy is filed, the court mails a notice to all the creditors listed in your
schedules. This usually takes a couple of weeks. If this is not soon enough, then you should have your
representative inform the creditors immediately. Your attorney deals with your creditors. It may be
the only time you ever have the luxury of saying "you'll have to talk to my lawyer".
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each state has its own bankruptcy laws,
so you need to check with your state for details. Information dealing with Chapter 13 bankruptcy and
consumer debt restructuring is not discussed in the above FAQs. The information contained in the
following FAQs is provided for general information purposes only and is not intended to be a legal
opinion nor legal advice nor is it intended to be a complete discussion of all the issues related to the
area of Chapter 7 consumer bankruptcy. Every individual's factual situation is different and you
should seek independent legal advice regarding specific information.
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