Fighting back when creditors violate your rights

On Behalf of | Jun 24, 2021 | personal bankruptcy |

Bankruptcy offers a much-needed solution for many Illinois consumers who need to get a fresh start. Debtors who attempt to file alone may find creditors try to take advantage of them by attempting to collect. An experienced bankruptcy attorney can help by utilizing the court to pursue willful violations of your rights.

Protecting your rights with an automatic stay

Creditor harassment does happen, and debtors may receive calls after the courts grant an automatic stay. Creditors do have certain rights as well, and an attorney can provide the best guidance for dealing with unwanted creditor correspondence. An attorney can ensure your creditors receive proper notification to eliminate any confusion about your situation.

Obtaining an automatic stay should ensure that creditors stop making attempts to collect from you. Sometimes, creditors simply don’t fully understand bankruptcy laws. A lawyer can help make any confusion clear and take the necessary steps to protect your rights.

Keeping accurate records of any communication can protect you from creditors that willfully violate your rights. Keep your lawyer updated, and let them know about any communication that falls outside of the law. Without the services of a lawyer, debtors must retain all information regarding the bankruptcy, including the court’s name, location of filing and the case number.

In some cases, creditors may seize property illegally. Creditors must return the property or face fines and pay punitive damages.

Managing your bankruptcy

Getting help for your bankruptcy offers the best solution to protect your rights and simplify the process of discharging your qualified debts. Establishing a breach of stay, sending proper notice of your bankruptcy filing and keeping proper records protects you and reduces the stress associated with bankruptcy proceedings.