In My Chapter 13, Can A Creditor Refuse To Obey An Automatic Stay?
Being in debt doesn't just mean that you creditors are calling--it means that they have taken over your life
. Though it is an unpleasant situation, there is something that can be done. Chapter 13 bankruptcy allows you to take that control back--with legal protection from your creditors.
When you file a Chapter 13, an automatic stay kicks in. What's an automatic stay? It is simply a strong part of an even stronger law that bars your creditors from taking action against you. They cannot send you letters, call you, threaten your property, foreclose or repossess, or garnish your wages with very few exceptions. After you've filed a Chapter 13, your creditors are playing on your turf.
Though they may try to tell you otherwise, a creditor cannot ignore what the law tells them to do. The truth is that no bank, credit card debt collector, car lender, or mortgage lender can refuse to recognize it. They simply don't have a choice.
As you can tell, the automatic stay is a very powerful part of bankruptcy law and provides you and your family with immediate protection. I'm sure you can agree that getting protection from foreclosure and creditor calls while also getting credit card debt help and relief from your bills is invaluable.
But now that you know how it works, you may be wondering why it was created. The goal of a Chapter 13 is to create a payment plan that will help you get peace of mind, appease your creditors, and free you from the prison that debt can create. In order to do that, you must have the distance from your creditors for you and your bankruptcy attorney to create a coherent plan. Without that freedom, you'd never have the time or peace to develop a coherent enough plan.
A bankruptcy attorney can help you understand the power of bankruptcy and harness it to improve your life. Don't lose sight of what is important: protection from foreclosure, relief from your creditors, and the peace of mind of being out of debt is invaluable. If you still aren't sure if bankruptcy is right for you, begin researching the options that are available to you. Find free articles, blogs, and even free publications. Don't forget, any attorney can offer to talk to you for free but the best ones will be able to give you free educational materials before they even speak with you.
by: Jim Brown
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