What can creditors do while I am in the middle of bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


What can creditors do while I am in the middle of bankruptcy?

About 2 months ago I found an attorney that would let me make affordable payments for an eventual chapter 7. He advised me to stop paying my credit card bills and said to tell anybody who calls me about it to call him. I'm just curious as to what exactly can creditors/collectors do to me while I'm in the middle of paying for bankruptcy?

Mercado & Hartung, PLLC
Contact this Attorney Now

They shouldn't contact you if you tell them not to. Moreover, they shouldn't if you are represented by counsel. Next time they call, have them contact your attorney and give them your attorneys information.

Answer Applies to: Washington
Replied: 1/17/2012

Answer By Asaph Abrams
Law Office of Asaph Abrams
Contact this Attorney Now

Preparing to file a bankruptcy does not have legal effect. Filing it does.

Answer Applies to: California
Replied: 12/30/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
Contact this Attorney Now

Your creditors can still do all the mean and nasty things they could do before you retained an attorney. However, if the creditors are able to contact your attorney and determine that you are in fact in the process of filing it may keep them somewhat at bay until you can actually file your case.

Answer Applies to: California
Replied: 12/29/2011

Answer By C. David Hester
Guardian Law Group PLLC
Contact this Attorney Now

They can still move forward with any litigation or other actions until the date that you actually file the petition.

Answer Applies to: Utah
Replied: 12/28/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
Contact this Attorney Now

They can sue you, garnish wages and levy bank accounts if (and only if) they have a judgement against you. Plus they can still keep calling. Your lawyer should be answering these questions for you. It does not matter that you have not paid him in full yet.

Answer Applies to: California
Replied: 12/28/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
Contact this Attorney Now

Until you actually file your bankruptcy, your creditors can still bring a lawsuit against you for any delinquent debt. You should notify your creditors in writing (Keep a signed and dated copy) , especially collection agencies and attorneys, of your intent to file bankruptcy and to contact your bankruptcy attorney, who is representiing you on all collection matters. Your bankruptcy attorney (for an additional fee) can also send a letter of representation.

Answer Applies to: Colorado
Replied: 12/28/2011

Law Office Of Magnolia Zarraga
Contact this Attorney Now

If you have retained an attorney, these are questions you should be asking of him. That is what you are paying for. However generally speaking, creditors can continue to attempt to collect from you until your case is filed with the court. This means creditors can continue to call you, send you collection letters and sue you. Until your case is filed, you have no bankruptcy protection. However, some creditors will back off from calling you if they know you've already retained an attorney to file bankruptcy. But by law they have a right to continue to attempt to collect until your case is filed. If you have an attorney, make a consultation with them, as you obviously are having some unanswered questions about your case. If you don't have an attorney, go schedule a free consultation with a local and experienced bankruptcy attorney.

Answer Applies to: California
Replied: 12/28/2011

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
Contact this Attorney Now

If you have not filed a bankruptcy, then the creditors can do all the same things they could do before you started paying for it. They only stop collection efforts when you file and you are protected by the "automatic stay" of the bankruptcy filing. So they can still sue you, get a judgment against you, put a lien on your property, garnish your salary and freeze your bank accounts. However, all of these are done through the court system and can not happen overnight, but if you take too long in getting it filed, they will continue to collect.

Answer Applies to: New York
Replied: 12/28/2011

Answer By Kevin Heupel
Heupel Law
Contact this Attorney Now

Creditors can still pursue collection of the debts while you are waiting to file bankruptcy. Most will wait to see if you truly file, but if it takes too long, then creditors will become more aggressive by suing you.

Answer Applies to: Colorado
Replied: 12/27/2011

Ashman Law Office
Contact this Attorney Now

You are not in bankruptcy at all. They can sue you, garnishee you, etc. Until you actually pay for the case and file, you have no protection at all.

Answer Applies to: Georgia
Replied: 12/27/2011

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy