Location
8809 Daylight Drive
Liverpool, NY 13090
The very moment that your bankruptcy case is filed, you are protected by a federal court injunction known as the “automatic stay.” You don’t have to ask the Court for it. It happens “automatically.” It prohibits creditors from doing virtually anything to collect their debts. When you receive your bankruptcy discharge, you receive a permanent injunction known as a “discharge injunction.” The idea is to provide you with a fresh start by removing creditor pressure immediately and permanently.
Based on over 32 years of experience, we can tell you that not all creditors in all cases obey the law. When that happens, you need a lawyer experienced in this area to do something about it. If nothing is done, then your rights aren’t real. We know exactly what to do. We get the harassment stopped and put money in your pocket and at no cost to you.
What is an Automatic Stay Violation?
Generally, if a creditor or a debt collector knows that you have filed bankruptcy and does anything to collect their debt, they have violated the automatic stay. It doesn’t matter if they didn’t mean to do it. (This is a common excuse we hear). Even if they contacted you by mistake, they have violated the automatic stay. This may entitle you to money damages. If the creditor acted in bad faith. the Court may impose “punitive damages” as an additional monetary penalty. The Courts take violations of the automatic stay very seriously. It is one of the fundamental rights given to bankruptcy debtors. We have extensive experience in prosecuting automatic stay violation cases.
What is a Discharge Injunction Violation?
When your case is completed, the Court issues a “discharge.” This operates as a permanent injunction making debt collection illegal. Think of the automatic stay as a temporary injunction and the discharge as a permanent injunction. We have represented many people who hear from their creditors years after their bankruptcy is over. This is illegal. In recent years a new industry has arisen. Companies known as “debt buyers” buy defaulted debt from creditors for pennies on the dollar and then attempt to collect those debts. Many times those debts were included in a bankruptcy case. The debt buyers, however, still try to collect those debts. We put an end to that and get you the compensation you deserve.
One of the main reasons that people file a bankruptcy case is to stop debt collection. Once you file bankruptcy, any attempts to collect any debts is a violation of the law. We have substantial expertise in enforcing these rights.
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