Warrenville Bankruptcy Lawyer On Appearing At All Court Dates
My advice to clients is appear at all court dates prior to filing a bankruptcy. Once the bankruptcy case is filed, I as their attorney can send notice to opposing counsel, people who are trying to collect on debts. I have an arsenal, I have weapons, and I have the automatic stay. I have the bankruptcy code behind me.
Before the bankruptcy case is filed, I don’t have any power to stop a creditor from collecting on a debt, and you as a debtor don’t have any legal authority to not appear at a court date in state court or federal court on an effort for a creditor to try and collect the debt. So appear at all mandatory, necessary court dates prior to filing the bankruptcy petition.
That sometimes gives debtors incentive to file the bankruptcy case faster. That way they don’t have to appear at these post-judgment collection court dates, where Discover Card or American Express or some payday loan store’s attorney is trying to harass you, and try to find out where you work and where you bank and what you drive, and are you a homeowner, and what does your tax return look like. A debtor doesn’t have to go through that as long as they file a bankruptcy before those court dates occur.
So that’s my advice. Appear at all necessary court dates prior to filing the bankruptcy petition. Once the bankruptcy petition is filed, I as your attorney will have plenty of weapons in my arsenal to stop collection efforts dead in their tracks, thanks to the use of the automatic stay and other clauses of the bankruptcy code. If a creditor continues to collect in violation of the bankruptcy code and in violation of the automatic stay, I as the attorney can come back into court on a motion for sanctions, and possibly get a monetary judgment against that creditor for the benefit of my client.
For a direct answer to your specific question, call (847) 520-8100.
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