If I File for Bankruptcy Will it Stop the Calls?
Are you in debt up to your ears? Do you have creditors calling you day and night? What if you file for bankruptcy, will the phone calls cease? We asked DC bankruptcy attorneys at the Law Offices of Kim Parker. Here is what they said in this comprehensive blog!
When Can You Expect the Phone Calls to Stop?
They should at least slow down after the automatic stay has been granted. Some creditors will keep it up, figuring there is nothing you can do about it. Your attorney will likely advise you to gather proper evidence against a creditor who keeps calling. Then you must inform him or her right away. Your lawyer will take the appropriate measures afforded to DC bankruptcy attorneys.
If the calls do not cease after the automatic stay becomes official, they certainly should after your debts have been discharged in court. This is the law in accordance with Section 524 of the U.S. Bankruptcy Code. This code states that it is illegal for creditors to continue contacting you after discharge. Here again, if this happens, call your attorney immediately!
Are You Being Harassed By Your Creditors?
According to the Law Offices of Kim Parker, expert bankruptcy attorneys DC, the following events constitute harassment:
- Threats of violence against you
- Threatening to have you arrested
- Calling repeatedly just to annoy you
- Refraining from identifying themselves or the business they purport to represent
- Utilizing profanity or obscenities during their call
- Trying to claim you owe more money than you actually do
If you are experiencing any of these actions, inform your lawyer right away. They will back you up in court as well as offer you protection from harassment. One of the acts they will perform is to have the court issue an automatic stay for you.
What Is the Definition of Automatic Stay?
Our advisor, the notable DC bankruptcy lawyer in the law offices of Kim Parker, gives the following definition. An automatic stay is an action granted by a bankruptcy court to guard you against hostile phone calls or letters from your creditors. If they violate the automatic stay, they are committing an illegal act.
Does an Automatic Stay Always Work?
It depends upon your perception of whether it is working. Although the action does slow down the phone calls and letters, it does not negate the debt you owe to them.
One more thing you ought to be aware of is that these same creditors are permitted to petition the bankruptcy court to withdraw the automatic stay. It is often up to the judge to grant or deny this request to each creditor.
Please Hire an Attorney
One thing is absolutely certain, you should not try to handle your own bankruptcy case. Make it a point to hire the best DC bankruptcy attorney, like those in the law offices of Kim Parker. You can bet your creditors will all have lawyers. So must you.
How Can a Bankruptcy Lawyer in DC Help You?
Your firm will guide you every step of the way, including during any related court appearances. Your representative will inform you of any documentation to have as well as realistic expectations of your case.
What If You Are Not in DC?
It is still best to call the law offices of Kim Parker. They can help you on a remote basis. When it is time to appear in court, have no fear. Your lawyer will be right by your side.
What Else Can Bankruptcy Do for You?
It can do the following things, provided you have a great DC bankruptcy lawyer like the offices of Kim Parker to represent you:
- Put a halt to collection activities
- End the majority of creditor harassment
- Stop repossession actions
- Prevent foreclosure on your home
- Temporarily stop you from being evicted
- Take away any credit card debt
- Wipe away most unsecured debts
- Remove any secured debt, however conditions do apply
What Should You Do Now?
The first priority is to stop the harassing phone calls at home and at work. If this is happening to you, contact a lawyer right away. The law offices of Kim Parker will know what to do.
Once the calls cease, your attorney will still be there to walk you through the remaining bankruptcy procedures. People do recover from bankruptcy and go on to lead productive and happy lives. The key is in the expertise of the firm you hire. Give their office a call today!