Kentucky Bankruptcy Lawyer
Helping You Understand Your Rights under an Automatic Stay
When you are struggling to meet your financial obligations, the endless calls and letters from creditors and collection agencies can be overwhelming. Perhaps the most immediate and powerful benefit of a bankruptcy filing is the automatic stay provision, which brings some peace to your daily existence and eliminates your fear of answering the phone or going to the mailbox. To fully understand the provisions of the automatic stay, you need an experienced bankruptcy lawyer.
At the offices of Denise Brown, Attorney at Law, in Louisville, we have represented clients throughout Kentucky and southern Indiana in bankruptcy proceedings for over 20 years. We have a thorough understanding of the automatic stay provisions of the bankruptcy laws and will make certain that all prohibited action against you ceases upon the filing of your bankruptcy petition. Contact us to set up a free initial consultation.
When you file for bankruptcy (personal or business bankruptcy) and pay your fee, the bankruptcy court issues an order for relief. The order prohibits all of your creditors and their representatives from contacting you in any way, and from filing or pursuing any legal action against you, to attempt to collect a debt. This includes creditors, such as tax agencies, whose claims may not be discharged in bankruptcy.
Nonetheless, creditors will occasionally ignore the automatic stay or seek to circumvent it. We handle violations of the automatic stay provisions where creditors have attempted to
- Repossess a motor vehicle or property used as collateral for a debt
- Begin or continue foreclosure proceedings on real property
- Garnish wages for the payment of a debt
- Attach bank accounts or attempt to process ACH or automatic withdrawal payments from a bank account
- File or proceed with a lawsuit to recover a debt
- Send letters, notices, demands requesting payment or offering settlement
- Contact individuals by phone or by e-mail to attempt to resolve a debt
- Offer a new credit card to extinguish the debt on an old one
Your creditors must request the permission of the bankruptcy court in order to have any contact with you regarding the debt. If a creditor seeks relief from the automatic stay in a petition before the bankruptcy court, we will aggressively represent your interests to protect your property from repossession or foreclosure.
For experienced and effective representation in all matters involving the automatic stay provisions of the bankruptcy laws, contact the offices of Denise Brown, Attorney at Law. We offer a free initial consultation. Evening and weekend appointments are available upon request.
