When a person files for bankruptcy protection under Chapter 7, Chapter 13 or Chapter 11, an automatic stay is created that will put a halt to all collection activities, including a temporary halt to pending foreclosure. Collection agencies and other creditors will then be forced to deal with the debtor's lawyer, and if that automatic stay is violated, it can result in a claim for monetary damages against that creditor.
At the Law Office of Ernest B. Fenton P.C., in Cook County, we believe that upholding the automatic stay is an integral part of the bankruptcy process, and it protects people in debt who are seeking relief under Chapter 7 or Chapter 13. Our attorneys will readily deal with creditors during the automatic stay. We will also pursue claims against creditors who violate the stay or the Fair Debt Collection Practices Act.
If you are tired of letters and telephone calls from creditors, you are worried about losing your home or your wages are being garnished, contact our firm about how bankruptcy protection can stop those collection activities.
Our Experienced Tinley Park Attorneys Can Help You Stop Debt Collections
Under the Fair Debt Collections Practices Act (FDCPA), collection agencies and other creditors cannot engage in behavior that is considered abusive, harassing or threatening. This is the case whether an automatic stay is in place or not. This type of behavior may include repeatedly calling you at home or at work, sending threatening letters or using abusive language when speaking to you over the phone.
While these types of behaviors are not permitted, creditors can still send letters, make calls and report delinquent payments to credit unions, which will harm your credit score. The most effective way to put an end to creditor harassment is to file for bankruptcy. Not only will this cease all collection and foreclosure actions against you, it will also help you discharge the debts that are causing the problems in the first place.
Contact a Chicagoland Area Bankruptcy Attorney
It costs you nothing to take advantage of a free, 30-minute consultation where you can discuss how we can help you put an end to creditor harassment. Call the Law Office of Ernest B. Fenton P.C., at 708-365-8624 or toll free at 800-416-9387 to schedule an appointment at our Homewood, Illinois, office.
