Friday, September 28, 2012

Boise Bankruptcy Attorneys (208) 472-2383

Bankruptcy Relief
As a Boise Bankruptcy Attorney I know that for most people who file for bankruptcy, the initial moment of relief is when the creditors stop calling and harassing them for payments on past due accounts.  During my initial consultation, individuals often want to know when creditors have to stop calling and what can be done if they don't.

When Will Collection Efforts Stop?
As soon as they are notified of your bankruptcy, creditors must stop all collection efforts.  The bankruptcy court will send out a notice to all the creditors you have listed on your petition (one more reason you want to make certain you have listed everyone).  Although the right to have creditors stop harassing you begins immediately upon your filing bankruptcy, it can actually take a couple of weeks for those notices to reach and go through all the proper channels.  In the meantime, if you get a call from a creditor you can inform them that you have filed bankruptcy.  It is important to notify them of the case number so they know that your claim is legitimate.  While it isn't always necessary sometimes it might take a telephone call from your Boise Bankruptcy Lawyer to get them to stop before they have received the actual notice from the Federal Bankruptcy Court.

One important word of caution.  If you have been sued and have a pending collections case against you, you should have your Boise Bankruptcy Attorney give the attorney for the creditor a call.  This will prevent any action against you from being taken before they receive the notice from the Bankruptcy Court.

What Happens if the Creditor Won't Stop Calling?
If you have filed your bankruptcy petition, notified your creditors and/or your creditors have receive notice of your bankruptcy from the Court, and a creditor is still harassing you, you have legal recourse against them.  Your bankruptcy lawyer can file a complaint against them with the bankruptcy court.  The malicious creditor can have sanctions placed against them and they may be required to pay your attorneys' fees.

Whether you need to file for Chapter 7 or Chapter 13 Bankruptcy and you want to speak to a Boise Bankruptcy Attorney, give us a call, (208) 472-2383 and see what we can do for you.

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