The Bankruptcy code (law and rules) provides an “automatic stay”. That automatic stay stops the phone calls, letters and lawsuits immediately. This goes into effect right away, as soon as the case is filed with the court. Then the Bankruptcy Court sends out notices by mail to all of your creditors. They have to then stop all harassment.
Bankruptcy is a very powerful tool to prevent the harassment. And, if the creditors ignore the notices and still harass you even after they know you filed a Bankruptcy, they can be punished (sanctioned, in legal language) by the court.
So, the important thing to do to stop the harassment is to call an experienced bankruptcy attorney, and get all of the documentation together. You’ll need to have your last 4 years’ tax returns, 6 months worth of pay stubs, and copies of your bills to bring to your appointment. The sooner you meet with the attorney, the faster the harassment will stop. Then, you’ll need to do a pre-filing credit counseling course, and pay your attorney. Then, you’ll have to come in to review and sign your bankruptcy papers. Only after you do all of these things can a case be filed with the Bankruptcy Court. After all, the harassment only stops after your case is FILED WITH THE COURT.
We will stop the harassment with a Bankruptcy Case suited to your needs, and let you know if a Bankruptcy will help you, and what it would do.
The Law Offices of Daniel J Winter is here to serve you, with experienced attorneys. We serve Northern Illinois and Southern Wisconsin, with offices in Chicago, Skokie, Waukegan, and Oak Lawn. Call now for a free first consultation.
Daniel J. Winter
LAW OFFICES OF DANIEL J WINTER
53 W. Jackson Boulevard
Chicago, IL 60604
Also see my colleagues around the U.S. adding their insights to the Bankruptcy Alphabet concepts:
Los Angeles Bankruptcy Attorney-Mark Markus: H is for House: http://www.bklaw.com/bankruptcy-blog/2011/12/h-is-for-house/