Many different benefits come with filing for bankruptcy. Namely, this will be the best way for you to stop creditor harassment. Follow along to find out how bankruptcy can be used to stop creditor harassment and how a proficient Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq. can help make this possible.
What are examples of creditor harassment?
If you are behind on your payments for a creditor, or creditors, they may try to contact you to get the money they are owed. However, this contact may turn into harassment rather quickly. Common examples of creditor harassment are as follows:
- A creditor or creditors are repeatedly calling your phone.
- A creditor or creditors are repeatedly calling your phone without telling you who they are.
- A creditor or creditors are repeatedly sending letters to your residential address.
- A creditor or creditors are using obscene language when speaking with you.
- A creditor or creditors are making threats when speaking with you.
- A creditor or creditors are publicly listing your name as someone unable to pay off debts.
Can bankruptcy be used to stop creditor harassment?
Once you file for bankruptcy, whether it be Chapter 7 bankruptcy or Chapter 13 bankruptcy, the court will enforce an automatic stay. More specifically, an automatic stay stops banks and creditors from participating in any collection activities, whether it be as minor as phone calls and letters or as major as bank restraints, foreclosures, repossessions, and lawsuits.
For a Chapter 7 bankruptcy, this automatic stay will last for generally three to four months. This is different than a Chapter 13 bankruptcy, which has the automatic stay last throughout your repayment plan. With this, your repayment plan may last anywhere between three to five years. Importantly, this applies so long as you comply with the terms of your promised repayment plan.
However, you must prepare for the fact that you will have to attend a meeting of creditors. In this meeting, you will have to explain your current financial situation to your creditors, along with why you have not paid your debts and a general outline of how you intend to pay them. Rest assured, this interaction will be in a controlled environment in the presence of a representative from the bankruptcy court.
In the end, an automatic stay will allow you to focus on restructuring your finances and building a repayment plan that works best for your current financial situation, all while the worry of being harassed is lifted off your shoulders. So, if you are ready to put a stop to creditor harassment, reach out to a talented Rockland County bankruptcy attorney. We will do everything in our power to protect you from creditors, so give us a call today.