H is for Harassment by creditors in the Bankruptcy Alphabet. First of all, once your bankruptcy case is actually filed in Court, then your creditors cannot contact you at all. Why? It’s the automatic stay of the Bankruptcy Court which protects you until the Court issues the discharge order (which in a Chapter 7 case is about 4 to 5 months, and in a Chapter 13 case about 3 to 5 years).
Some of the most harassing conduct committed by creditors is done by credit card companies, debt collection companies and payday lenders. These are all unsecured creditors. Generally, they change their tune entirely once they hear that you have hired an attorney to file a bankruptcy case for you.
Over the years, I’ve heard of some pretty outrageous threats from debt collectors:
- in 2010, an Erie, PA debt collection company created a fake “Court” complete with a fake judge and courtroom;
- debt collectors have threatened to have constables arrest and incarcerate people who owed debts or who failed to appear for court hearings;
These types of threats simply cannot happen once your bankruptcy case is filed. Until then, it’s possible to actually turn the tables on the debt collectors. How? Once you have retained a bankruptcy attorney, then the attorney can notify all of your creditors in writing that all communications concerning debt collections must be done through the attorney’s office. If the debt collection company persists in contacting the customer directly, then that company may be held liable for violating the Fair Debt Collections Practices Act, a federal law that can impose sanctions.
If you are considering bankruptcy, you should save all of your statements and bills from debt collectors, because your attorney will want to include all of those addresses in your bankruptcy petition and schedules. The Court will then notify by mail all of your creditors and any further communication from your creditors will be strictly forbidden.
More on the Bankruptcy Alphabet is below!
Harassment from Creditors from Southgate Michigan Bankruptcy Attorney Christopher McAvoy at http://downriverbankruptcy.com/harassment-creditors/#axzz1h2jqIIrL
Hardship Discharge from Philadelphia Bankruptcy Attorney Kim Coleman at http://www.colemankempinski.com/hardship-discharge-bankruptcy/
Hearing from Omaha and Lincoln Nebraska Bankruptcy Attorney Ryan D. Caldwell at http://bankruptcyblog.caldwell-lawfirm.com/2011/11/10/bankruptcy-alphabet-h-is-for-hearing.aspx
Home is Where the Heart is from San Francisco Bankruptcy Attorney Jeena Cho at http://www.jclawgroup.com/blog/bankruptcy-alphabet-home-is-where-the-heart-is/
Homeowner’s Association Dues from Marin County Bankruptcy Attorney Catherine Eranthe at http://marin-bankruptcy-law.com/322/bankruptcy-a-to-z-h-is-for-home-owners-association-dues/
Homestead from Colorado Springs Bankruptcy Attorney Bob Doig at http://springsbankruptcylaw.com/colorado-springs-bankruptcy-abcs-h-for-homestead/
Honest but Unfortunate Dept from Wisconsin Bankruptcy Attorney Bret Nason at http://nasonlawfirm.com/archives/749
Honesty from Cleveland Area Bankruptcy Attorney Bill Balena at http://ohiobankruptcysource.com/h-for-honesty/
Honesty and Fraud Avoidance from Philadelphia Suburban Bankruptcy Attorney Chris Carr at http://christophercarrlaw.wordpress.com/2011/12/20/the-h-in-the-bankruptcy-alphabet-is-for-honesty-and-fraud-avoidance/
House from Northern California Bankruptcy Attorney Cathy Moran at http://www.bankruptcysoapbox.com/bankruptcy-alphabet-h-for-house/
House from Los Angeles Bankruptcy Attorney Mark J. Markus at http://www.bklaw.com/bankruptcy-blog/2011/12/h-is-for-house/
Household from New York Bankruptcy Attorney Jay S. Fleishman at http://www.consumerhelpcentral.com/bankruptcy-alphabet-household/
Household from Metro Ricjland Consumer and Bankruptcy Attorney Mitchell Goldstein at http://www.morethanbankruptcy.com/bankruptcy-a-z-h-is-for-household.html
Household Size from Hilo Bankruptcy Attorney Stuart T. Ing at http://www.bankruptcyhi.com/2011/12/h-is-for-household-size/
How Much Is Your Home Worth from St. Clair Shores Michigan Bankruptcy Attorney Kurt OKeffe at http://stopcreditor.com/how-much-your-home-worth/
House hold Median Income from Livonia Michigan Bankruptcy Attorney Peter Behrmann at http://www.livoniamichiganbankruptcy.com/h-is-for-household-median-income/
Hearings from Birmingham Bankruptcy Attorney Elizabeth Johnson at http://www.birminghambankruptcyhelp.com/bankruptcy-alphabet-h-is-for-hearings/
Hijacking at Lakewood California Bankruptcy Attorney Christine A. Wilton at http://www.losangelesbankruptcylawmonitor.com/2012/04/articles/bankruptcy-law-overview/bankruptcy-alphabet/h-is-for-bankruptcy-hijacking/