Stopping Debt Collections - Riverside Bankruptcy Lawyers

Riverside, California Bankruptcy Attorneys
J.L. Borrie & Associates

Representing individuals and businesses in bankruptcy filings throughout the Inland Empire area of Southern California, including Riverside, San Bernardino, Redlands, Colton, Lake Arrowhead, Running Springs, Big Bear, Rancho Cucamonga, Fontana, Highland, High Desert, and Victorville.

When you file any bankruptcy case, the court issues an automatic stay, which essentially means that upon filing the petition, creditors, including the IRS, collection agents and attorneys, etc, are restrained from trying to collect their debts, repossess property, or foreclose. Simply put, they cannot send you insulting or threatening collection letters, call you on the phone, sue, garnish your wages, repossess a car, foreclose on your home, or do any other act to collect on the debt. If your wages are already being garnished, the garnishment must stop, and in many cases you can recover all the money taken from your wages within the 90 days prior to the filing of your case.

If a creditor is foolish enough to ignore the restraining order, you may bring a contempt of court action against the creditor not only to make him stop, but also for the court to fine him, for costs and fees, and for damages caused by the violation of the automatic stay. Creditors are very well aware of the risks and will not try it if you are represented by competent counsel.

Relief From The Automatic Stay

Certain creditors, including creditors with security interests in specific property, can obtain relief from the automatic stay by filing a motion with the court, normally on at least 24 days advance notice, to you and your counsel. Generally, in Chapter 7 cases, it is a situation where you are not making any payments, and have no intention of making the payments, but still have possession of the property. In Chapter 13 and Chapter 11 cases, or even Chapter 7 cases where you are making the payments, the court will generally NOT grant relief from stay.

We offer a free conference of up to one hour with an experienced (a minimum of 10 years) bankruptcy, tax problem, foreclosure and debt resolution attorney (not a junior associate or paralegal) who will fully analyze your specific financial situation, and advise you as to your available options, likelihood of success, and the costs and procedures involved in each alternative.

If you would like someone to contact you regarding your problems or concerns, please choose the appropriate choice below, or call us at 951-686-6432 and mention that you visited our web site for a free, no-obligation conference.