St. Louis Bankruptcy Lawyers Blog
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The contact and communication from creditors (and collection agencies) is supposed to stop the moment you file a St Louis bankruptcy. This is the rule of law by way of the Automatic Stay. This stay is discussed in more detail below.
When you file for bankruptcy in the state of Missouri, the court requires that you provide information on all of the debts that you owe (whether it is in the form of a credit card, medical bill, payday loan, old utility bill, or even a gym membership). Once the case is filed, the court will send out notification to all listed creditors on your matrix.
This is what is described as the “Automatic Stay”. It is a legal phrase that basically means that everything comes to a stop. Once the stay goes into effect (which happens the moment the case is filed), creditors can no longer contact you in any way ever again (no more phone calls, no more emails, no more voicemails, no more letters).
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The reason for this broad reaching stay is because there is no longer any reason for the creditor to continue harassing you once the bankruptcy petition is filed. Those debts will at that point be handled by the bankruptcy court. So instead you having to deal with them anymore, either the court or your attorney will handle them.
So what if the creditor does not abide by the automatic stay (and continues its collection activity)? If this were to occur, then it is violation of your rights. And if the violation is bad enough, then the court will get involved (and potentially apply sanctions against the offending creditor). For instance, if a creditor is garnishing your wages before you file a St. Louis bankruptcy, they will have to stop that garnishment once your bankruptcy case is filed. But if the creditor for some reason disregards the bankruptcy (and continues to garnish your wages), then it has committed an act in violation of federal law. As a result, all penalties and fines will apply.
The affordable St. Louis bankruptcy attorneys at The Bankruptcy Company have been saving and protecting people’s assets for years. Our goal is to make sure that you keep the assets and property you want, discharge the debts that you want to get rid of, and do it all at an affordable cost to you. All phone conversations and office consultations are free of charge.