Can Creditors Come After You After You Notify Them of Your Filing Bankruptcy?
Bankruptcy gives an automatic stay against collections, so no creditor is able to pursue collection efforts while the bankruptcy case is ongoing. However, creditors may still come after the debtor before he files the paperwork to begin the bankruptcy process. Many creditors may hold off on continuing their collection efforts when informed that the debtor is in the process of filing bankruptcy, even if he is a few months away from finishing the paperwork.
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Automatic Stay
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The bankruptcy's automatic stay against collection efforts only takes effect after you have filed the bankruptcy paperwork. The stay doesn't protect you from creditors during the preparation period when you're getting your paperwork together. You have the option of asking the creditor to contact you only by mail and stop any further phone contact.
Collection Efforts
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Creditors aren't barred from any collection efforts before you file the bankruptcy. They are free to send letters, contact you by phone and pursue the collection through the court system. If you explain that you are preparing to file bankruptcy, they may choose to cease collection efforts before you formally file your bankruptcy. However, creditors aren't required to give you a reprieve before the automatic stay.
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Bankruptcy Filing
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Once you file the bankruptcy with the court, you remain under the automatic-stay protection until the case is over or dismissed. During this time, no collection effort may be made by any of your creditors. If a creditor tries to collection during the automatic stay period, he is liable for damages.
Post Bankruptcy
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Creditors can't pursue collection action on debts discharged or put in to a payment plan through bankruptcy. These accounts are considered "included in bankruptcy" and aren't collectible unless you fail to make payments under a Chapter 13 bankruptcy plan. If you fail to make such a payment, the stay against collection is automatically lifted and creditors may pursue any legal collection avenue against you.
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