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Keeping creditors at bay by invoking bankruptcy’s protections

On Behalf of | Jul 31, 2015 | Chapter 7 Bankruptcy

What do federal bankruptcy laws, the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act have in common?

Those statutory laws collectively serve to protect bankruptcy filers from unlawful collection and related activities of creditors who persist in their efforts to collect payments both during the bankruptcy process following a court order issuing an automatic stay and after a discharge of debts through bankruptcy.

We mention those laws together and the interactive way in which they can operate to stress a point, namely, that bankruptcy protections against harassment and collection efforts are truly broad.

A proven Miami bankruptcy attorney knows those laws intimately and can apply them on behalf of a Florida bankruptcy filer in ways that best promote his or her interests.

As we note in a relevant article on our website that focuses upon the ability of a bankruptcy filing to keep creditors in check, one “powerful tool” to stop aggressive creditor tactics is the above-cited automatic stay. A stay stops most collection efforts — harassing contacts, lawsuits, foreclosures, wage garnishments, repossessions and so forth — and takes effect as soon as an attorney files a bankruptcy petition on behalf of a client.

And protection extends, of course, beyond the bankruptcy process, following debt discharge. Indeed, that is the hallmark feature of bankruptcy: Once a debt is discharged through the process, it remains forever so. Discharged debt cannot be resurrected or revisited by a past creditor.

Persons with questions regarding the protections that bankruptcy confers and its effects upon creditors can receive candid and knowledgeable information from an experienced debt-relief attorney.


Kingcade & Garcia | A Miami Law Firm