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| AUTOMATIC STAY AND DISCHARGE VIOLATIONS |
One of the important benefits of filing bankruptcy is the
automatic stay that immediately stops creditors from
trying to collect debts included in the bankruptcy. This is
a court order that prohibits creditors from calling the
debtor, sending out statements or demand letters, filing
suit or taking any other action to collect the debt that was
owed on the date of filing.
After the case has been administered the automatic stay
is replaced by the discharge injunction which is another
court order that prohibits creditors from trying to collect
the discharged debt. This means once a debt is
discharged creditors cannot take any action to try to
collect that debt.
Despite these injunctions, creditors may still try to collect
your discharged debt. If that happens, you may have a
private cause of action in the bankruptcy court against the
offending creditor. To protect your rights you should hire
legal counsel as soon as you know there has been a
violation.
If you receive statements, collection letters, telephone
calls, or find creditors reporting your discharged debt on
your credit with a balance due, then you should contact
your bankruptcy attorney immediately. Many bankruptcy
attorney's don't handle stay enforcement, in which case
you can call us and we may be able to help you.
If you are the victim of a stay violation be sure and keep
any letters, statements, or other written records of the
collection effort. If you get phone calls be sure and get a
complete identification of the caller and find out who they
represents.
automatic stay that immediately stops creditors from
trying to collect debts included in the bankruptcy. This is
a court order that prohibits creditors from calling the
debtor, sending out statements or demand letters, filing
suit or taking any other action to collect the debt that was
owed on the date of filing.
After the case has been administered the automatic stay
is replaced by the discharge injunction which is another
court order that prohibits creditors from trying to collect
the discharged debt. This means once a debt is
discharged creditors cannot take any action to try to
collect that debt.
Despite these injunctions, creditors may still try to collect
your discharged debt. If that happens, you may have a
private cause of action in the bankruptcy court against the
offending creditor. To protect your rights you should hire
legal counsel as soon as you know there has been a
violation.
If you receive statements, collection letters, telephone
calls, or find creditors reporting your discharged debt on
your credit with a balance due, then you should contact
your bankruptcy attorney immediately. Many bankruptcy
attorney's don't handle stay enforcement, in which case
you can call us and we may be able to help you.
If you are the victim of a stay violation be sure and keep
any letters, statements, or other written records of the
collection effort. If you get phone calls be sure and get a
complete identification of the caller and find out who they
represents.
| Manchee & Manchee, P.C. A Full Service Law Firm Since 1976 972-960-2240 All attorneys are licensed by the Supreme Court of Texas and admitted to practice before the United States District Courts for the Northern & Eastern Districts of Texas. William L. Manchee is also admitted to practice before the United States Tax Court. The firm assists clients in filing bankruptcy and therefore is a Debt Relief Agency. No one in the firm is board certified in any area of specialization. |