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David M. Siegel & Associates
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What happens if somebody calls me after I file bankruptcy?

Interviewer: What’s going to happen – you talked a little bit earlier about an automatic stay that certain creditors can’t continue to collect on a debt and they have to stop.  What happens if somebody calls me after I file?

David Siegel: You’re going to continue to get collected upon; is that what you’re saying?

Interviewer: Right.  What happens if they continue to call me at work, and they continue to call me at home, and they continue to try to garnish my wages?

David Siegel: If you’ve already filed for bankruptcy and you have the case number and the data filing and the automatic stay a creditor – typical creditor cannot pursue collection actions, and if they do your attorney has the ability to one, send them additional information to get them to stop; and two, could bring an action for sanctions for violating the automatic stay.  It goes totally against the fresh start principle that once you file you’re free from collection activity.  Most creditors know this and they don’t want to fall victim to a bankruptcy judge entering a monitoring sanction.  But every once in a while you get either a rogue collector or an individual collector who doesn’t really know the laws and they continue to pursue the debtor.  I typically can get that to stop with a phone call or a letter, but on rare occasion we do have to bring it back to court and hammer them with a sanction.
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How To Legally Unfreeze A Frozen Bank Account. #Bank   #Money  
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Credit Bureaus Should Reflect Payments For Non-Reaffirmed Mortgage Debt.
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In this bankruptcy case study, we are going to find someone who has significant assets compared to most people who file for bankruptcy relief. Let’s start with the real estate property...   #Bankruptcy   #Debt  
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Has Your Overspending At Christmas Come Back To Bite You? #creditcards  
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Has Your Overspending At Christmas Come Back To Bite You? #Bankruptcy  
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"To conduct a successful bankruptcy case, you have to have your file set up correctly from the outset. I'm talking about having every detail covered so that you don't fall into any of the open man holes and potholes that lie ahead of you. Of course there is the simple stuff like having the debtor's name, address, telephone number and email address properly set up in the file. You also need to make sure you have the right Chapter indicated, the right jurisdiction and the right color coordinating that goes with that particular file. Just as important and probably even more critical are the particular nuances that must be itemized for success."
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Are You Still Worried About Filing Bankruptcy?
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