Boston, MA asked in Banking for Massachusetts

Q: How do I proceed if a creditor is ignoring that I have an automatic stay?

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: If you are currently in bankruptcy, you have not received a discharge and the case is still open, creditors are prohibited by the automatic stay in bankruptcy from taking acts to collect debts from you personally. If a creditor is seeking to collect a debt from you by writing letters, calling you, filing a lawsuit, etc., the creditor may have violated the automatic stay. You should definitely call the attorney who filed your bankruptcy case for you and tell him/her what the creditor is doing, it may warrant action in the bankruptcy court.

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