What Does The Filing Of A Bankruptcy Petition Do?

In my years of representing debtors in bankruptcy, the greatest relief a debtor receives immediately when filing a Chapter 13 Bankruptcy Petition is creditors must stop ALL attempts to collect debts from the debtors and their property.  ANY attempt to collect a debt owed before filing the Bankruptcy Petition is automatically stayed under the Bankruptcy Code. Notice must be given immediately by the debtors or their attorney to any secured creditor attempting to repossess collateral or foreclose on real estate such as their home.  These creditors must make any alleged claims for debt against the debtors in the debtors’ Chapter 13 Bankruptcy case.  Likewise, creditors who have liens on real estate and personal property (automobiles) must make their claims in the debtors’ Bankruptcy case.  Communications from all creditors attempting to collect on their claims against the debtors or their property must be sent to the debtors’ attorney.  Creditors who disregard the automatic stay are subject to substantial monetary damages and penalties under the Bankruptcy Code.  

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