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Common Concerns & Questions About Bankruptcy

Protections from creditor collection and harassment

| Nov 9, 2018 | Creditors' Rights |

When struggling with debt and past due bills, it is important to be familiar with what creditors can do and what they cannot do. Though creditors have rights, it is important for struggling consumers to be aware that creditor harassment is illegal, that they also have important rights and to be familiar with the remedies available to them if they are suffering with creditor harassment.

It is useful to note that once a filing party files for personal bankruptcy protection, usually either Chapter 7 bankruptcy protection or Chapter 13 bankruptcy, an automatic stay immediately goes into effect which prevents creditor collection actions while the bankruptcy process proceeds. In addition to stopping creditor harassment and collection, bankruptcy options can also provide important protections to struggling consumers.

The bankruptcy process and filing for bankruptcy protection can stop bank account seizures. It can also protect the filing party from any lawsuits brought by their creditors. Filing for bankruptcy also stops the repossession process and in some circumstances, may be able to help with the foreclosure process as well. Bankruptcy protections can provide help with creditor harassment but also with debt relief which is why they are important protections to be familiar with.

Chapter 7 and Chapter 13 bankruptcy are the primary types of personal bankruptcy that can offer different types of relief to struggling consumers based on their needs and goals for the process. All bankruptcy protection options, however, provide relief from creditors and protection from creditor harassment, making them important to be familiar with.