Stop Collection Calls

The vast majority of people who file for bankruptcy do so as a last resort. Most debtors want to pay their debts, but due to illness, loss of employment, rising transportation expenses, divorce or other factors beyond their control, they find themselves in a situation where their current monthly income simply does not go beyond their basic necessities, such as housing, gas, car insurance, car repairs, groceries and utilities.  Nevertheless, people try to meet their financial obligations by paying one creditor at the expense of another.  Instead of having money for groceries, people charge their groceries generating more credit card debt.  People start making payments late, generating late fees and exorbitant default interest rates. Then, the collection calls start. When people start to get behind on their bills, they tend to pay the creditors who call the most and who are the most aggressive and relentless in their collection efforts.  However, paying one or two creditors when you have several does not mean that all your creditors are getting paid.  Those creditors you don't pay, start calling and calling, until it gets to the point where you start receiving 1, 2, 3, 4 or more calls an hour.  Some creditors become abusive and insulting, making you feel worthless and hopeless.  You truly would pay your debts if you could, but once the fees, added interest, collection costs, attorney's fees are added in, it becomes impossible to pay your debts with the income that you have.

Filing for Bankruptcy Immediately Stops Collection Calls and Creditor Harassment

Under 11 USC §362 of the Bankruptcy Code, the moment you file for bankruptcy, all your creditors are automatically stayed (i.e. prohibited) from contacting you by telephone; they are prohibited from suing you; they are prohibited from starting or continuing with foreclosure actions.  While you are in a pending bankruptcy case, your creditors are under the jurisdiction of the Court and may only enforce their rights through the bankruptcy system.  In so far as debts that are unsecured are concerned (typically credit card debt, personal loans, medical bills and pay day loans), once you receive your discharge, they are prohibited from ever calling you or contacting you again concerning the debt. As an experienced and knowledgeable bankruptcy attorney, I carefully research all the available sources of information, including credit reports, the Office of the County Clerk and the Rochester City Court Clerk. We work together to make sure that all of your creditors are listed on your petition so that all your creditors are notified and are advised of the provisions of the "automatic stay" and they stop calling you. I want you to have peace of mind and no longer cringe when you look at your incoming call and see that unknown "1-800" number or that "unavailable" number who you know is a creditor.  I want you to be able to answer your phone in peace. I want to make sure your creditors can no longer use your phone as an instrument of harassment.

If you are struggling with debt and would like more information on bankruptcy and how bankruptcy can help you stop collection calls, I am here to help. The initial consultation is free and together we will formulate a plan to determine if bankruptcy is right for you. I offer personal attention and my rates are reasonable. Contact my office today online or by telephone at 585-546-7410 to speak with an experienced New York bankruptcy attorney.    

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  • 45 Exchange Street,
  • Suite #532
  • Rochester,
  • NY 14614

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