When an individual, family, or business files for bankruptcy, all ongoing debt and collection litigation that involves your bankruptcy proceeding must come to a halt.
If the debt is eligible and approved to be a part of a bankruptcy, the creditors, all collection agencies, and lawyers must cease all collection and litigation efforts against you regarding the debt.
Upon filing for bankruptcy, each creditor, collection agency, and law firm associated with the debt will be formally informed that the debt is part of your bankruptcy.
If after the creditors, collection agencies, or law firms have been formally informed of your bankruptcy protection status they choose to continue their collections or legal efforts against you, this may lead to fines, penalties, and even may open the door for you to seek damages against them by means of civil litigation.
If you are contacted by a creditor, debt collection agency, or law firm after they have been formally informed of your bankruptcy status, document all phone calls, emails, letters or other forms of contact by these parties, and then immediately provide this documentation to your bankruptcy attorney.
It is not uncommon for your debt to have been passed along to various collection agencies that all want to be paid for collecting a debt that is owed. It is the original creditor's responsibility to ensure ALL debt collections and legal actions are stopped once they are informed of your bankruptcy protection status.
Not being aware that the debt collection process has been passed along to various collection agencies or independent debt collection contractors is not a defense for the creditor or collection agency. ALL current collection efforts and civil litigation must immediately cease regarding debt that is included in a bankruptcy case.
Brian Hizer and Edward Schimmel have the experience and resources to effectively guide you through the bankruptcy legal process. We always strive to provide the highest standard of legal representation to aggressively pursue your bankruptcy legal goals.
If you require experienced legal advice and representation from a qualified Bankruptcy Law attorney (lawyer), please call our offices to schedule a confidential legal consultation.