Joliet Bankruptcy Lawyer On Stopping Creditor Harassment

Creditors have to stop harassing a debtor the minute the case gets filed with the court.  There is something called the automatic stay, which is a, basically, an injunction that allows the court to impose a stop order, if you will, on the creditors’ attempts to collect a debt.  Creditors still have the right to come in and ask for permission to resume their efforts, but most courts are not going to allow them to take any steps where they can collect money judgments from the debtors themselves.  The courts will allow them, creditors that is, to go back to state court for the purpose of moving against an insurance company for getting foreclosure started on a house where the debtor is not going to continue to pay for it.  There could be reasons in a divorce case where people need to go back to divorce court to resume their divorce case, but typically not too many courts will allow anyone to go back to state court to resume a collection effort against  a debtor.  That is not universally true.  It certainly can happen in other chapters, but it’s very unusual.