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What is Bankruptcy Protection?

What is Bankruptcy protection? It is what is called the automatic stay. Section 362 of the bakruptcy code http://en.wikipedia.org/wiki/Bankruptcy_in_the_United_States basically says after you file for bankruptcy creditors can not call you, write, attempt to collect debt, foreclose, reposess, sue, evict no contact at all. Law suits are wiped out on filing.

If a creditor contacts you after filing you can file a motion for sanction for violation of the automatic stay. http://codes.lp.findlaw.com/uscode/11/3/IV/362. You are entitled to actual damages and attorney fees. Sometimes punitive damages are approprate. Often times violations of the automatic stay occurr from an ex friend or former business parnter who doesn't under stand the law and disregard bankruptcy law. Sometime collection agencies disregard all law. Federal courts take a serious view when a creditor disregards the order for relief under the bankruptcy code.

There are a few expection to the automatic stay. The most common ones are 401 k loans and Child support or alimony where there is a wage order.

When I say I can make bill collections leave you alone and I mean leave you alone today that is how. Federal law puts you under the automatic stay on filing. So if you have a garnishment and you come see me and I file an emergency bankruptcy your garnishment stops right then. Period! If you have a foreclsoure and you file Chapter 13 bankruptcy the foreclosure stops right then. Repoes stop, phone calls stop, law suits stop, everything stops when you are under bankruptcy protection.

Now here is something to consider, if youare in a hurry to get your case filed I have herd stories of attorneys taking weeks to get a case filed or they charge extra for emergency filings. I have my cases filed 4 to 7 days after you get me the information I need. If you need bankruptcy protection either from a chapter 13 or a chapter 7 call me I can help:

810-632-9160 pick up that phone, What are you waiting for? Chapter 7 $600 why pay more?