New Lenox Bankruptcy Lawyer Talks About Important Information Prior ...

 Once the information is prepared and included in the bankruptcy petition, the petition and schedules are now ready for filing.  One more condition precedent is needed before the debtor can file, and that’s that the debtor must complete a credit counseling course as mandated by the U.S. Trustee’s Office.  These courses are required under the code and failure to take the course and complete the course, and obtain the certificate, prior to the filing of the case will be grounds for immediate dismissal.  So, once the necessary information is collected, prepared, and then filed, the debtor is under the protection of the bankruptcy court.  The automatic stay pursuant to Section 362 of the Bankruptcy Code issues and prevents any creditors from taking any attempt to collect a debt.  Courts are very sensitive to what constitutes an attempt to collect a debt, to the extent that they will take mere phone calls after the case is filed as being an attempt to coerce the debtor to pay. There are, of course, innocent violations of the automatic stay and most judges are aware of when that happens.  Very often, these will take place in the first week to ten days after the case is filed because creditors do not necessarily receive the notice of the filing in much quicker time than that.  Contact your attorney immediately if you are receiving any type of creditor contact after filing.  Your attorney will be able to send them a personal notice to get them to cease all communications with you.   

See Also New Lenox Bankruptcy or call directly to Attorney David Siegel (847) 520-8100.