Can bankruptcy provide absolute protection from creditors and debts? 27 Answers as of June 11, 2012

Can bankruptcy provide absolute protection from creditors and debts? Will creditors still come after me?

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R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
That is what bankruptcy is for. It is a way to get a fresh start, a clean slate. It forgives all of your debt, and creditors may not come after you when there is a discharge entered. Indeed, the automatic stay comes into effect on the moment you file a bankruptcy petition, and no creditor can file a suit against you or proceed with one that has already been filed. It stops all state court actions, unless and until the automatic stay is lifted by the bankruptcy judge.
Answer Applies to: Florida
Replied: 6/11/2012
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
Nothing can really be said to be absolute, but usually a consumer bankruptcy debtor will not have a problem. However, certain debts cannot be discharged such as alimony, and creditors have a right to object based on a claim of fraud. You need to consult an attorney about your case.
Answer Applies to: Florida
Replied: 6/7/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
When you file bankruptcy there is an automatic stay which prevents creditors from pursuing collection. Creditors are sent notice of this by the bnkruptcy court.
Answer Applies to: California
Replied: 6/7/2012
G. Anthony Yuthas & Assoc.
G. Anthony Yuthas & Assoc. | Tony Yuthas
Creditors that are dischargeable are eliminated. That doesn't mean that someone who just doesn't get the word won't continue to try. This is usually just a matter of notification.
Answer Applies to: Colorado
Replied: 6/7/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, that is the point of bankruptcy.
Answer Applies to: Indiana
Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    If the debt is discharged by the court, your creditors can no longer go after you for the same debt.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Olson Law Firm | Edward M Olson
    All debts which are discharged are legally gone. You have absolute protection regarding them. Not all debts are dischargeable in bankruptcy. For example, most taxes and child support payments cannot be discharged.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    Nothing in life is absolute. Bankruptcy is a very good protection against creditors.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, they will stop calling, emailing and mailing letters after they are notified as long as they are included in your bankruptcy petition. If they continue to contact you then that is a violation of the automatic stay for which you can sue them for money damages. .
    Answer Applies to: New York
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    Bankruptcy stops all collection activities. A creditor can apply for relief from the automatic bankruptcy stay which is the term applied to the law that stops all collections. For example, if the house is in foreclosure and bankruptcy is filed, the foreclosure is stopped immediately. The bank can apply for relief from the stay and ask the court to allow them to proceed with foreclosure. If the bank's request is granted then the bank can recommence foreclosure. Generally it is only secured creditors who have a lien on valuable property that seek relief from the stay. Unsecured creditors do not apply for relief from the stay.
    Answer Applies to: Utah
    Replied: 6/7/2012
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Bankruptcy will discharge you from debts made dischargeable by the Bankruptcy Code. Not all debts are dischargeable, including debts incurred through fraud, certain taxes, student loans, domestic support obligations, and others. I'm not sure what you mean by "absolute protection". Bankruptcy is just a law. If you get a discharge of debts, any creditor on that debt is prohibited by law from trying to collect on it.
    Answer Applies to: California
    Replied: 6/7/2012
    Attorney At Law | Harry D. Roth
    If a debt is dischargeable, and most debts are, a bankruptcy will protect you. The most common exceptions, that is, the most common non-dischargeable debts are support payments, recent taxes and student loans. Also, a bankruptcy discharge does not mean that you can keep something that one collateral for a loan (like a house or a car) and not pay for it. The car or house lender can still repossess the collateral. A bankruptcy discharge, which comes at the end of a bankruptcy case, acts as a restraining order against your discharged creditors from, as you put it, coming after you.
    Answer Applies to: California
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There a no absolute answers, that is why there a attorneys. See one.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you file pro se, expect a disaster. If you get a lawyer, expect to discharge all debts except those non-dischargeable by law.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    There is no such thing as "absolute" protection. However, bankruptcy can certainly protect you from most kinds of creditors. Exactly what type of protection you need would determine the Chapter of bankruptcy that you would need to file. Find a good bankruptcy attorney in your area and they can give you good advice that will probably make you feel a lot better about your situation and give you peace of mind.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    Burton Green, Attorney | Burton Green
    The creditors whose debts are discharged in your bankruptcy will not be able to come after you. There may be some debts that are not discharged, such as student loans or alimony or child support payments, and those creditors will still be able to pursue the debt.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Debt Relief Law Center | Roger J. Bus
    After you file bankruptcy, all creditors to be Discharged can no longer contact you forever.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Some debts are not dischargeable, some taxes, family court court orders, criminal fines and restitution and judgements for fraud or intentional injuries. If you use cards excessively before you file, that could be nondischargeable.
    Answer Applies to: California
    Replied: 6/7/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    It will provide protection against most creditors. Some debts like child support, alimony and most student loans are non-dischargeable. In order to be absolutely sure I would advise a consultation with a lawyer.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    The Stockman Law Office | Mary Stockman Esq.
    If there is no objection as to fraud and the loan is not secured, the creditors no longer have a right of action. If they do try to collect after the bankruptcy discharge, there is a way to stop them. Usually a simple way, but if that does not work, the bankruptcy proceeding can be reopened to file a motion for sanctions against any creditor who is breaking the law.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Bankruptcy can provide absolute protection from some debts but not all. Usually, unsecured debts like credit cards will be completely eliminated.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Offices of Swapna Anthoor
    Law Offices of Swapna Anthoor | Swapna Anthoor
    Once you get your discharge against the Creditor's listed in your Bankruptcy, they cannot come after you. It is a violation of the Bankruptcy Code.
    Answer Applies to: California
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    They are ordered not to come after you while the bankruptcy is pending. If they do there are penalties.
    Answer Applies to: California
    Replied: 6/7/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If the debt is discharged in bankruptcy, creditors cannot pursue you for debts listed in the bankruptcy petition, and bankruptcy is a defense to having a judgment taken if you are sued.
    Answer Applies to: California
    Replied: 6/7/2012
    The Smalley Law Firm, LLC | Cary Smalley
    The automatic stay imposed upon filing bankruptcy generally prohibits creditors from seeking to collect their debts, which will generally be discharged if they are unsecured. I suggest you consult with a bankruptcy attorney to discuss the specific details of your situation.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    To the extent that the debt is dischargeable it is absolute.
    Answer Applies to: Michigan
    Replied: 6/7/2012
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