Sunday, April 24, 2011

Filing Bankruptcy Stops Creditors From Collecting

Plain and simple, filing a bankruptcy filing prevents your creditors from continuing their attempts to collect on a debt. This protection is due to the "Automatic Stay," a bankruptcy mechanism that operates to stop a variety of activity, including (1) a lawsuit to collect a credit card debt listed in the bankruptcy filing and/or (2) a garnishment pursuant to a judgment. For a detailed list of what the Automatic Stay applies to, please click here.

This knowledge is very powerful. Filing a bankruptcy petition, in most instances, concludes a creditor's attempts to collect. Once the bankruptcy is filed, the creditor must leave the debtor alone and can only challenge a debt's ability to discharge the debt in certain circumstances.

However, in most situations, a bankruptcy filing is the beginning of the end of the debt. Debtors can use this knowledge of bankruptcy as leverage to negotiate with creditors. Sometimes, a debtor can settle her debt with the creditor for pennies on the dollar.

Jeffrey F. Levine, Esq.
Singer Pistiner, P.C.
(602) 264-0110
jl@singerpistiner.com
phoenix-bankruptcy-lawyers.com

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