How to Stop Creditors by filing for a San Bernardino Bankruptcy

You've paid as much as you can, if you're able to pay at all, and yet the collection notices keep coming. Letters, emails, and harassing phone calls demanding payment only add to the stress of your financial situation, and can make you feel hopeless. Fortunately, if you file for bankruptcy, relief may be closer than you think. Filing for  bankruptcy invokes what is known as an Automatic Stay with regards to bill collection activities. The automatic stay will stop creditors' collection activities and allow you to get a reprieve from the constant calls and letters.

The automatic stay will stop garnishments, levies, and foreclosures as well - and it goes into effect as soon as you formally file for bankruptcy. The court grants this protection to almost all individuals who file for bankruptcy, whether it's Chapter 7, Chapter 13, or some other type of bankruptcy. If you are a renter, and are facing eviction from your home due to missed rent, filing for bankruptcy may give you some temporary relief as well. However, if you are renting your primary residence, you will want to speak with a reputable San Bernardino County Bankruptcy Lawyer about your particular situation in order to get a clearer picture as to whether or not the automatic stay can help you.

The automatic stay remains in effect throughout the bankruptcy case, which bars all of your creditors from contacting you for the purpose of recovering money that you may owe. Additionally, once your case is successfully closed - either through liquidation or a repayment plan - a permanent injunction is put into place that bars your creditors from ever contacting you about your discharged debts again. If creditors do contact you after the automatic stay is in place and they are aware that it is in place, you may be able to sue and recover damages in excess of what you owe.

While the automatic stay will be able to help the vast majority of bankruptcy filers, there are some instances when it does not apply. If you have recently had a bankruptcy dismissed by the court, you may not be able to take advantage of the automatic stay unless your attorney petitions the court to grant it. Even if the automatic stay is granted, you may not have the protection for the full duration of your bankruptcy case. Therefore, if you have recently filed for bankruptcy and had your case dismissed, it is important to speak with a knowledgeable San Bernardino Bankruptcy Attorney. Our firm has represented people throughout San Bernardino County, and if your bankruptcy has unique circumstances that may prevent you from taking full advantage of the automatic stay, we may still be able to help.

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