what kind of attorney can help collect on a bankruptcy that was filed

How can a personal bankruptcy lawyer help me?

Mar 10, 2022 · Step 1: If you have a bankruptcy attorney, tell the debt collector to contact your attorney. If you don’t have a bankruptcy lawyer, identify the creditor and make sure it’s not a scam call. Get the name of the person you’re talking to, and the company name, address, and phone number. Ask for the account number and the alleged amount owed.

How do bankruptcy attorneys file bankruptcies?

Jul 24, 2020 · A bankruptcy attorney gives legal advice and helps with legal issues related to your debt. They can help you file a bankruptcy petition with the court. At the end of a successful bankruptcy case, certain debts are erased, and you never have to pay them back. Bankruptcy attorneys can work as sole practitioners or they may be part of a law firm.

Can I collect my debts if my business files for bankruptcy?

Even if your debtor is a business that files for bankruptcy protection, you may be able to collect your debt. At Resnick Law, we offer specialized legal help in crafting a legal way to collect the money you are owed. Please contact us as soon as the situation arises so we can act quickly to obtain what is rightfully yours.

What should I do if I get a bankruptcy call?

An experienced bankruptcy lawyer can help you navigate the bankruptcy process as a creditor, can conduct a risk assessment of whether it is worth continuing to pursue the customer, and can answer any questions you may have about debt collections in general. Jaclyn Wishnia LegalMatch Legal Writer Original Author

Can a debt be collected after bankruptcies?

Can creditors come after you after Chapter 7?

What Cannot be dismissed in bankruptcy?

When a debtor no longer has an obligation to pay a debt that debt has been?

What debts are dischargeable?

Does Chapter 7 remove charge offs?

What types of debts are not dischargeable?

What are 5 types of debt that are not dischargeable in bankruptcy?

What can they take during bankruptcies?

What happens to your bank account when you file Chapter 7?

What do bankruptcy lawyers do?

A bankruptcy attorney gives legal advice and helps with legal issues related to your debt. They can help you file a bankruptcy petition with the court. At the end of a successful bankruptcy case, certain debts are erased, and you never have to pay them back.

Where do you file for bankruptcy?

Bankruptcy cases are filed in federal district courts and not in state courts. You must complete what is known as a bankruptcy petition or paperwork listing all your creditors who will receive a notice from the bankruptcy court and have a specific amount of time to raise any objections they may have, though that is rare. Once you file your petition, there is a hearing known as the meeting of the creditors, where they can appear and ask questions about your financial situation and your paperwork.

Does Upsolve have bankruptcy lawyers?

Upsolve is fortunate to have a remarkable team of bankruptcy attorneys, as well as finance and consumer rights professionals, as contributing writers to help us keep our content up to date, informative, and helpful to everyone.

What are the Steps for Pursuing a Bankrupt Customer?

It is crucial that a business owner abide by the rules for bankruptcy and the protections that are in place to protect debtors as they work through the bankruptcy process. The following are some steps that a business owner can take as they attempt to recover payments that they are owed from a customer who has filed for bankruptcy.

What are the Penalties for Failing to Comply with Bankruptcy Rules?

A creditor who attempts to harass a customer and violates an automatic stay can face serious penalties. The customer may report their attempt to collect debt in violation of the automatic stay to the bankruptcy court.

Does the Type of Bankruptcy Filed Matter?

The type of bankruptcy filed matters when creditors are trying to collect debt. In general, the majority of individuals file for Chapter 7 or Chapter 13 bankruptcy, whereas corporations mostly file for Chapter 11 bankruptcy.

How Likely Will a Creditor Be Able to Collect from a Bankrupt Customer?

Whether a creditor will actually be able to collect debts owed from a bankrupt customer will depend on both what chapter of bankruptcy was filed, as well as how involved a creditor is in the bankruptcy process.

Should I Consult an Attorney If I Need to Collect a Debt from Bankrupt Customers?

If you are a business owner who is attempting to collect debt from a customer who has filed for bankruptcy, it may be in your best interest to consult a local bankruptcy lawyer for further guidance.

Hey, That's My Money We're Talking About: Ethical Limitations and Attorney's Ability to Collect

At the heart of the relationship between attorneys and their clients is the attorney/client privilege. The rules relating to the attorney/client privilege vary in some detail from state to state, 2 so attorneys must consult their local ethical rules on this issue.

Footnotes

1 Board-certified in business bankruptcy by the American Board of Certification. Return to article

Steps for Collecting Debts from Customers in Bankruptcy

All bankruptcies play out differently, but the steps a business needs to take to collect a debt from a bankrupt custome r are usually surprisingly routine:

The Bottom Line

Be prepared to wait several months while the bankruptcy unfolds. If you become aware during the bankruptcy that the debtor may have gained additional funds through inheritance, wining a lawsuit, getting a pay raise, etc., then contact the trustee immediately.

Hiring a Lawyer

If any unusual issues come up during the bankruptcy, always take the time to take a step back and evaluate whether pursuing the matter still makes sense. Either way, speak to an experienced experienced business and commercial law attorney to help you make that decision.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

What happens if you miss a bankruptcy filing deadline?

You might have to provide additional forms or documents with the court or the trustee, too. Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: 1 delays in the process 2 dismissal of your case, or 3 other adverse consequences.

How to file for bankruptcy?

First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

If, after you file for bankruptcy, a creditor continues its collection actions against you, the creditor may be violating bankruptcy's automatic stay

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Bankruptcy's Automatic Stay

When you file for bankruptcy, the automatic stay prohibits almost all collection activity, including legal action, garnishment, and even contact by phone or mail in an attempt to collect a debt.

When Collection Violates the Automatic Stay

If an exception to the stay does not apply, and the bankruptcy court has not terminated or modified the automatic stay order, then a collector's attempt to collect a pre-bankruptcy debt is likely a violation of the automatic stay.

What to Do If a Creditor Violates the Automatic Stay?

You have several options if a creditor continues its collection actions against you in violation of the automatic stay.