If you are in debt, then you probably know how pushy and persistent your creditors can be. You probably know how it feels for your phone to never stop ringing. You know how it feels to receive strongly-worded collection letters and the dreaded summons to appear in court. Fortunately, the U.S. Bankruptcy Code offers a powerful tool that relieves you of the stress and fear that comes with the constant collection activities of your creditors. That tool is the automatic stay.
At the law firm of Buckrop & VanDeVelde, our Rock Island bankruptcy attorneys have more than 40 years of combined legal experience. We can help explore your debt relief options and put an end to harassing collections actions.
Putting an End to Creditor Harassment
Upon filing for bankruptcy protection, all collection activity must stop, with a few exceptions. Your creditors will not be allowed to call you, your work colleagues, your friends, family, and neighbors. They will not be able to sue you in state court. They will not be allowed to send you threatening letters. Any collection activity would constitute a violation of the automatic stay.
If a creditor continues to collect from you after you have filed for bankruptcy protection, then you may be able to sue the creditor for violations of the automatic stay. In most cases, the court not only will award you damages for this violation, but will also require the offending creditor to pay your attorney’s fees. The automatic stay protects you until after your bankruptcy is over.
Post-Bankruptcy Discharge Injunctions
Once your bankruptcy is over, the automatic stay ends and it is replaced by the discharge injunction. The discharge injunction protects you from future collection attempts by your creditors. If, at any time after you receive your discharge, a creditor included in your bankruptcy attempts to collect from you, then you may be able to file a motion for sanctions against that creditor. As with the automatic stay, a creditor sued for violation of the discharge injunction can be required to pay damages as well as your attorney’s fees.
Contact Our Moline Attorneys for More Information About Discharge Injunctions and the Automatic Stay
Our office is located in The Law Centre in downtown Rock Island, Illinois, just a short distance from both Iowa and Illinois federal courthouses. Our lawyers and professional staff proudly serve most clients throughout Western Illinois and Eastern Iowa. Contact us to arrange a free consultation with an experienced Rock Island bankruptcy attorney today.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.