Individuals buried in debt need fast relief. The required relief may vary from case to case, like relief from creditor harassment, from a lawsuit, or from a pending foreclosure. Fortunately, the bankruptcy process provides you with immediate legal relief from the time you hire an attorney. As your case progresses, the legal protections grow broader in scope and more powerful in effect.
The first legal protection starts when you hire an attorney to represent you during your bankruptcy case. This protection is derived from the federal Fair Debt Collection Practices Act (FDCPA). Under the FDCPA a debt collector is prohibited from direct contact with a debtor who is represented by an attorney. When you hire counsel you are able to forward all communication from a debt collector to your attorney, and the debt collector may no longer contact you directly. This protection stops harassing phone calls and threatening letters from third party debt collectors while you and your attorney are preparing to file your bankruptcy.
The second powerful protection commences the moment you file your bankruptcy case. The bankruptcy automatic stay stops all creditor collection action immediately and automatically. This legal protection applies to all creditors whether or not the creditor is aware of the bankruptcy filing. The automatic stay is a legal protection that immediately stops any pending lawsuit, foreclosure, garnishment, or other legal proceeding. The automatic stay is effective during the duration of your bankruptcy case.
The final protection is the order of discharge that occurs at or near the end of your case. The discharge order is a court injunction that prohibits discharged creditors from taking any kind of collection action against you personally. The discharge injunction forbids a discharged creditor from sending bills, making collection phone calls, or filing a lawsuit to collect on a debt. This protection is final and permanent. Violation of this court injunction has serious consequences, and may result in a federal contempt of court charge.
If you are experiencing a debt problem and need immediate relief, consult with an experienced bankruptcy attorney and find out how the bankruptcy process can help you. Whether you need to stop harassing phone calls, or end a legal proceeding, bankruptcy’s powerful protections can eliminate your debt and give you peace of mind.
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