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Bankruptcy Benefits
Will the debt collectors stop harassing me if I file for bankruptcy?
The fact is that debt collectors in Ohio are allowed to call and write you in connection to debts owed in most cases. However, what the law also says is that any collection agency has to stop contacting you once it knows you have a lawyer representing you in connection with your debts. Moreover, we will be there to pursue actions against them on your behalf if they violate the numerous laws that restrict their ability to harass you and impact your life.
Do not believe most things the creditors tell you. Collection agencies are masters at stretching the truth and telling half lies in order to try and collect from you. Sometimes they say that their particular debt cannot be discharged in bankruptcy. Sometimes they state that if you only make this one payment, they will stop calling you. This is almost always not true.
What is an automatic stay? How long does it last?
Generally, the automatic stay goes into effect immediately upon filing your case with the Bankruptcy Court and against acts taken towards you personally until you receive your bankruptcy discharge. Stays against actions towards the property you own may last longer or shorter depending on what happens to that property during your case. For cases filed on or after October 17, 2005, there are several limits to the length of the automatic stay:
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If you had a prior bankruptcy case dismissed under any chapter within one year prior to the filing of your present case, the automatic stay will terminate 30 days after your new case is filed, unless you obtain a bankruptcy court order extending it, for cause and a showing of good faith as to why the prior case was dismissed.
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If you had more than one prior bankruptcy case dismissed under any chapter within one year prior to the filing of your present case, the automatic stay does not go into effect at all unless and until the court orders it into effect, after a noticed hearing. There are other new limitations on the automatic stay which we can discuss at your initial consultation.
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