Creditors can be relentless. Ask anyone who is struggling with overwhelming debt. Countless people throughout Utah are bombarded with constant phone calls. Going through debt is already stressful. The situation can make anyone feel helpless. But there are solutions. If you are tired of debt collectors calling and harassing you about a debt you owe, or if you fear picking up the mail and getting another collection letter threatening some type of legal action, we may have a solution for you. When you file for bankruptcy, a provision in the law called the automatic stay requires that all collection activity stop immediately upon the filing of your bankruptcy petition. The first step is to seek representation with a bankruptcy attorney with a track record of protecting the rights of clients and their best interests.
My name is Justin M. Myers and I am a Salt Lake City bankruptcy attorney. Getting the right legal advice can help save clients a tremendous amount of stress. The first step is to properly educate the client about their rights. Once your bankruptcy petition is filed, a notice is sent out to all the creditors in the petition notifying them of your bankruptcy and the automatic stay. Once the creditor has been notified, all phone calls, letters, lawsuits, foreclosures and repossession actions must stop immediately. If any creditor attempts to collect a debt after you have filed for bankruptcy, refer them to your bankruptcy lawyer.
Nobody deserves to endure constant harassment. Many people struggling with debt are unaware of laws protecting people Creditors who continue to pursue collection activities after they have been notified of the automatic stay are in violation of a court order. At the Salt Lake City, Utah-based law office of Justin M. Myers, Attorney-at-Law, LLC, we work diligently to see that your rights are respected. We have helped many clients whose creditors failed to acknowledge debtor’s rights under the automatic stay.
We are committed to helping our clients through the entire bankruptcy process and doing everything we can to ensure that everything goes smoothly. We will be there with you at every step, from the filing of your petition to the final discharge. We will be there for you at all times to address any questions or concerns including creditor harassment and any other issues that may arise.
Along with a bankruptcy petition and supporting documentation, people filing for Chapter 13 bankruptcy will also need to include a preliminary repayment plan which is usually developed during credit counseling. After the creditors meeting you will attend a meeting to confirm your repayment plan. Once your repayment plan has been successfully completed, you will receive a discharge of your debts.
A The means test measures your disposable income against that of other Utah citizens and ensures that your application for bankruptcy is not an abuse of the system.
After the creditors meeting has been completed, the trustee will identify your exempt property and your nonexempt property. Your nonexempt property may be sold at auction and the funds used to repay your creditors. If your trustee decides that none of your property can be sold, you would lose nothing.
After the funds, if any, have been distributed to your creditors, you will receive a discharge and will no longer have any personal responsibility for those debts.
Ironically, the first step to end harassing phone calls from creditors is to make a phone call to a Salt Lake City bankruptcy attorney. Contact our office today to discuss the Fair Debt Collection Practices Act and your creditor harassment questions. We are available during regular business hours and by appointment evenings and weekends. You can reach us by phone at (801) 505-9679 or via e-mail.