Once a person files for bankruptcy under chapter 7 or chapter 13 of the bankruptcy code the bankruptcy automatic stay takes effect. The automatic stay stops all creditors from pursuing collections from debts on the person filing the bankruptcy petition. The creditor may make a motion to the court to remove this day, but generally once a bankruptcy petition has been filed the automatic stay will stop any creditors from pursuing a debt that is dischargeable. Any creditor who continues to pursue a person who is filed bankruptcy and does not have permission by the bankruptcy court to do so may be liable for damages and criminal sanctions.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Apr 24th, 2012 at 3:13 PM