Stop Creditors Now

    Immediately upon the filing of your bankruptcy petition with the Bankruptcy Court an order is issued by the Court that will protect you from your creditors taking any collection action against you or your property while the bankruptcy case is pending. This order is called the automatic stay because it is automatically issued upon the filing of your case. This order is sent to all of your creditors advising them that you have filed bankruptcy and that the creditors are prohibited from starting or continuing any legal action against you or your property. No creditor can proceed with a foreclosure or a repossession, nor can any creditor garnish your wages or bank accounts, sue you, call you, harass you, send you a demand letter, or even send you a statement. You get peace and quiet while matters are sorted out in an organized manner with the bankruptcy trustee and the Bankruptcy Court. If a secured creditor wants to proceed with a foreclosure or a repossession while the bankruptcy case is pending that creditor must first file an application with the Court seeking permission to do so and you are given an opportunity to object to that creditor's request.

    While the automatic stay is a powerful tool designed to protect you and your property, it also means that you need to be careful. For example, your mortgage lender will not be permitted to send you a monthly statement, because that is an action to collect on a debt. If you want to keep your home you need to remember to make your mortgage payment even if a statement has not been sent to you. Often after a bankruptcy discharge is entered matters can be worked out so those mortgage statements can resume without violating the bankruptcy discharge.

    For an initial consultation and to learn more about your rights, please call 970 493 0456 or contact me by e-mail. I am happy to take the time to review your rights and the legal options available to you. With my experience as a Fort Collins debt settlement lawyer, I am prepared to handle all aspects of your case.

Allen R Schwartz Attorney at Law
  • 215 W. Oak Street, Suite 600 Fort Collins, CO 80521
  • Office Phone Number : 970 493 0456
  • Office Fax Number : 970 224 1199
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