Can creditors collect from you during a bankruptcy? 26 Answers as of June 17, 2011

Can creditors collect from you during a bankruptcy? And if so, how long would the entire process take? My first priority is stopping collections right now.

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Filing bankruptcy immediately stops all collection action against you.
Answer Applies to: California
Replied: 6/17/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
Not unless they get relief from the automatic stay. Unsecured creditors get discharged. A secured creditor might get permission to continue to sue you to recover their collateral.
Answer Applies to: Illinois
Replied: 6/17/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Only in rare occasions. Bankruptcy filing stops creditor collections instantly.
Answer Applies to: California
Replied: 6/16/2011
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
No, they absolutely cannot, which is the point of the bankruptcy.
Answer Applies to: California
Replied: 6/16/2011
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Creditors MUST cease collections the moment you file bankruptcy. Anything else is a violation of the Bankruptcy Orders and is punishable by various fines. Under FDCPA you would be entitled to up to 1000.00 dollars as well as your attorney fees for pursuing the violations.
Answer Applies to: Connecticut
Replied: 6/16/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    Not without permission from the bankruptcy court on a motion to lift the automatic stay.
    Answer Applies to: Ohio
    Replied: 6/16/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No. They cannot collect. Bankruptcy operates as a "stay," meaning no actions can be taken against you without court approval. And an unsecured creditor is out of luck unless you've done something fraudulent, such as grossly overstate your income in order to get credit.
    Answer Applies to: Virginia
    Replied: 6/16/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Once you file BK, the Automatic Stay will bar creditors from proceeding with collection. If you receive a discharge, you will not be personally responsible for the debt thereafter.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy automatically stays (stops) collection activity. From start to finish it takes about four months for a chapter 7 bankruptcy.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Collections are stayed (suspended) once you file; they are permanently stopped upon successful discharge. In my district, chapter 7's routinely take 3 months. Not all debts are dischargeable.
    Answer Applies to: California
    Replied: 6/16/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    No, creditors cannot collect against you during your case.
    Answer Applies to: California
    Replied: 6/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    A creditor cannot collect from you during a bankruptcy. The only exception is if the creditor gets permission from the court to do so, but you will be granted the ability to tell the court why the creditor should not be given the opportunity to collect from you.
    Answer Applies to: Arizona
    Replied: 6/16/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Once you file your bankruptcy case, you have immediate protection from creditors once they get notice of your bankruptcy filing. So, you must notify your creditors.
    Answer Applies to: California
    Replied: 6/16/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    During Bankruptcy an Automatic Stay is in effect. No creditors are normally allowed to collect on their debts unless they request permission from the Bankruptcy Court - normally called "Relief from the Automatic Stay".
    Answer Applies to: New Hampshire
    Replied: 6/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    NO. Creditors cannot collect from you once you file your case with the court. Immediately upon the filing of your bk petition the court grants you an automatic stay. This stay is very powerful and absolutely prohibits creditors from calling you, trying to collect money from you etc. My office specializes in very quick filings done right the first time.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Filing a bankruptcy creates an "automatic stay" that stops most debt collection. Debt collection stops immediately except for things like child support and alimony.
    Answer Applies to: California
    Replied: 6/15/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    No, creditors are strictly prohibited by the automatic stay (injunction) from commencing or continuing any collection action against you after a bankruptcy case is filed.
    Answer Applies to: California
    Replied: 6/15/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Most garnishments will be stopped when you file for bankruptcy unless the debt Is a priority debt. Priority debts may include back taxes or debts owed to government agencies, debts from criminal activity, or child support owed.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Once the case is filed, the "automatic stay" goes into effect which is an injunction that prevents all creditors from taking collection action.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Creditors are barred in most situations during a bankruptcy from collections. Some secured creditors can ask the court to allow them to collect or foreclose their property during the bankruptcy (like for mortgages or car payments), but the phone calls will stop.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    No. Once you file for bankruptcy protection your creditors are prevented from contacting you by the automatic stay.
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Once you file bankruptcy all collection activity must stop.
    Answer Applies to: California
    Replied: 6/15/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A bankruptcy stops most collectors. That should NOT (and I repeat NOT) be the priority. Your priority should be whether you qualify to eliminate or reduce the debt, not temporary relief. See a lawyer ASAP.
    Answer Applies to: Georgia
    Replied: 6/15/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    All collections efforts must stop during bankruptcy. This should happen within two weeks from filing (it takes some time to get the notice to the creditors). If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/15/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    No, creditors cannot collect while in bankruptcy. A Chapter 7 case typically takes three months after filing the petition.
    Answer Applies to: California
    Replied: 6/15/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Filing a bankruptcy stops collection immediately at filing.
    Answer Applies to: California
    Replied: 6/15/2011
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