What can a creditor do to me during my bankrutpcy?

In short, NOTHING without the Bankruptcy Court’s permission, so if you are contacted by a creditor after you received your case number, make sure to give the creditor your case numebr. This does not apply to child support, however.

It doesn’t matter if the creditor knows about the bankruptcy or not, the automatic stay of 11 USC §362 applies to all creditors immediately upon filing. So lets say there is a foreclosure auction set to 12 Noon. The automatic stay would prevent the action from going forward even if it was filed at 11:59AM. Even if auction does go forward, it would be void ab initio. If a garnishment took place post-petition, the creditor would be forced to return anything they received.

A creditor can ask the Bankruptcy Court for relief from the automatic stay, but that requires notice and hearing before it would be granted.

No comments yet.

Leave a Reply

You must be logged in to post a comment.