Ask a Chapter 7 Attorney - Does Filing Get Creditors off My Back?

If you've got creditors hounding you for money and you're considering hiring a Chapter 7 attorney to help you file bankruptcy, there's probably one important question in your mind - will the act of filing make them stop? Or will they continue to bother you even after the bankruptcy proceedings have started?

Generally speaking, as soon as you file for bankruptcy, all of creditors' activities are put on "automatic stay." This means that they can no longer continue pursuing the debt you owe them. Any wage garnishments or lawsuits that are pending have to stop immediately. This also includes phone calls, nasty letters and other communications from creditors or collections agencies.

In fact, this type of filing usually terminates the debts. It works as a kind of debt consolidation that is overseen by a court. All of your debts are put into one monthly payment which you then work out over a period of 3 to 5 years. Creditor harassment is officially stopped.

Once you've filed, your creditors have the right to object to the filing. This means that for whatever reason, they don't want to give up pursuing you directly for the money. How likely is this to happen? It's hard to say exactly. In general, smaller debts such as department store cards will not object. They'd rather write it off as a loss. The reason is that pursuing the debt further is expensive for them. If they feel that the debt owed to them isn't worth it, they'll be happy to forget about it.

If you've hired a Chapter 7 attorney to help you with your filing, they can deal with other creditors who may want to vigorously pursue you. By discussing it with your creditors and with the bankruptcy court, they can negotiate on your behalf and either get the objection settled or work it out in terms that are favorable to you.

It is well known that collections agencies often break their own rules, not to mention federal laws. Although it is very clear what they can and cannot do, they often go beyond the rules because they know that they can intimidate and humiliate debtors. They also know that most of those in debt aren't aware of the laws that protect them.

Your Chapter 7 attorney can call them on it if they're out of bounds. When this occurs, they're violating your legal rights and your lawyer can make them pay for that. All it requires is a little documentation to build a solid case against them. Don't be afraid of these creditors; leave it in the hands of your skilled legal representative.

At the consultation with your Chapter 7 attorney, the first step is to lay out all of your financial information and let them have a look. They'll be able to guide you through every step along the way in getting yourself free from debt once and for all.