My Creditors Are Violating the Automatic Stay
When you file for bankruptcy, an automatic stay is issued by the Bankruptcy Court. An automatic stay is a measure put in place by the bankruptcy court to halt all actions by creditors to collect and/or obtain satisfaction of the outstanding debt even by repossession of the property. Unfortunately, some creditors do not abide by the automatic stay and continue to harass the debtor in an effort to collect on the debt. How does one enforce the automatic stay? The first step is to send a demand letter to the creditor indicating that they are in violation of the automatic stay. Hopefully, the creditor will respond to the demand letter by discontinuing any further collection of the debt or property. If the demand letter does not resolve the issue then an Adversary Action should be filed in the bankruptcy court. An adversary Action is essentially a lawsuit against the creditor for not abiding by the automatic stay provision of the bankruptcy code. Once the adversary action is filed, a Motion should be filed requesting the bankruptcy court to enforce your rights under the automatic stay provision. This should result in a ruling by the bankruptcy judge enforcing the automatic stay provisions.
