What Constitutes A Violation Of the Automatic Stay In A Florida Bankruptcy?
Once a bankruptcy petition is filed, the Trustee (representative of the creditors) sends notice out to all of a debtor's creditors that are listed on the debtor's schedules within the petition. Debtors must make sure all creditor's and potential creditors are listed in their schedules. Once the creditor receives notice, the creditor can no longer contact the debtor or the debtor's family members in an effort to collect the debt owed to them.
If a creditor disregards the notice and contacts the debtor, the creditor is in violation of Section 362 of the Bankruptcy Code and damages may be available for the debtor's benefit. The creditor can no longer make phone calls, write letters, garnish wages, or proceed with litigation. (with a few exceptions, i.e. Familiy law and criminal cases).
If you have questions about bankruptcy in general or alternatives to bankruptcy, please contact Jacksonville Bankruptcy Attorney.
Greg Gilbert
Keith Maynard
