Groped for remedies to recover debts in bankruptcy, including

One of the main advantages of the application for bankruptcy is that it is to stop the collection calls, letters and other activities of collection agencies. These include seizures, lawsuits and foreclosures. As a creditor or collector does not stop collection efforts, the consumer may be able to make additional use in court. This article describes some of the most important guarantees for borrowers who become involved in bankruptcy harassed on bills.

Violation ofAutomatic Stay

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Leaving any person, corporation or other entity of the file before bankruptcy, the bankruptcy court automatically. This is mainly to take a "safe haven" for the debtor, the breath and prepare for the rest of the failure. During the automatic stay prohibits all collection efforts of any kind.

Groped for remedies to recover debts in bankruptcy, including

The bankruptcy code allows a private cause of damages for intentional injury by an individualViolation of the automatic stay. The injured party is entitled to "actual damages", including court costs and attorney's fees for recovery. An award of actual damages requires a representation of personal injury or damage arising from actions in violation of the stay. Some examples of actions that have always been an award for actual damages incurred in collecting the vehicle of the debtor, the debtor of a block of a rental property, the presentation of a lawsuit against a debtor, and additional efforts in collectingDebts before bankruptcy. Punitive damages are awarded when the creditor's collection activities are particularly striking.

An offense against the direction of discharge

The discharge order is entered by the bankruptcy judge for an injunction, which the debtor is discharged from personal liability for certain debts. The exhaust is a permanent injunction prohibiting creditors or the debtor, because the shape of action of debt issued,including one, due to garnish wages or bank accounts and other collection efforts with the debtor, such as telephone calls, letters and personal contacts.

The debtor can get harassed on discharged debt after the effective date of final release of the measure, a contempt proceeding against the violation of creditors. This is a proceeding in bankruptcy court adversary, is taken as a proposal for a contempt order, or enemy action. The bankruptcy courtJudges can assign a wounded committed "actual damage", including court costs and legal fees. In appropriate cases, the creditors, to pay fines or penalties.

Fair Debt Collection Practices Act

In most courts, it is possible that a consumer sends a fair debt collection Practices Act (FDCPA) case, when trying to creditors, a debt discharged in bankruptcy to collect. There are many articles on the provisions of the FDCPA, butGenerally prohibits a federal law that the collection practices with respect to certain bills which should not be a debtor. Under the FDCPA, consumers can claim damages, statutory damages and attorneys fees.

The exception is Walls v. Wells Fargo, a federal appeals court opinion of the Court of Appeals for the Ninth Circuit, which is binding precedent in California, Idaho, Montana, Nevada, Oregon, Washington, Alaska, Hawaii and Guam. This case decided that theFDCPA was interrupted by the Bankruptcy Code, debtors and that the filing of appeals for violations of the relief is limited, as discussed above.

Groped for remedies to recover debts in bankruptcy, including