Violation of Automatic Stay in New Jersey
Our New Jersey Lawyers Can Stop Creditor Harassment
Harassing phone calls late in the evening. Demanding or threatening letters. Phone calls from creditors claiming to be an attorney. You filed for bankruptcy in hopes that such nonsense would end. If creditors are still continuing to contact you in an effort to collect debts, they are not only violating your rights, they are also violating a court order — either the Automatic Stay that was ordered by the court when your bankruptcy petition was filed, or the Discharge Order that was ordered by the court at the conclusion of your bankruptcy when debts were discharged.
If you are still being harassed by creditors after filing for bankruptcy, contact our experienced bankruptcy and collection abuse attorneys at the Law Office of Andrew B. Finberg, LLC. In your free initial consultation, we can discuss your rights and how we can help.
Violation of the Automatic Stay
Our lawyers have extensive knowledge and experience in guiding clients through the bankruptcy process. We actively assert your rights and all of the protections afforded to you under the Bankruptcy Code. Whether you filed for bankruptcy under Chapter 7, Chapter 13, Chapter 11 or any other Chapter of the Bankruptcy Code, once your petition is filed, the bankruptcy court orders an automatic stay. The automatic stay provides that the following must cease immediately:
- Creditor phone calls, letters or other collection attempts
- Pending lawsuits
- Foreclosures, including sheriff’s sales
- Collection abuse
Any collection attempts must cease until the stay is lifted. However, in most situations, once the automatic stay is lifted, it is replaced with the discharge order that prohibits creditors from pursuing any debts that were successfully discharged or paid in bankruptcy proceedings.
Contact Us in Marlton, Northfield or Vineyard Violation of Discharge Order
At the Law Office of Andrew B. Finberg, LLC, our attorneys assert your rights under the various state and federal laws that protect against unfair collection, including collection on a debt which has been discharged in a bankruptcy. In the event of a willful violation of the discharge order, we can reopen your bankruptcy case and ask the Court to impose sanctions, including a request for damages and attorneys fees and costs. Additionally, e may pursue claims under the Fair Debt Collection Practices Act (FDCPA) — which prohibits certain types of collection efforts, including attempting to collect debt that has been discharged in bankruptcy, as well as a claim for violation of New Jersey’s consumer fraud statute — which protects against unconscionable business practices.
Protect Your Rights. Call an Experienced Bankruptcy Lawyer.
The Law Office of Andrew B. Finberg, LLC is located in Marlton, New Jersey and provides skilled legal counsel to individuals needing help with bankruptcy in Cherry Hill, Voorhees, Mount Laurel, Morristown, Maple Shade and serves Burlington, Camden and Gloucester Counties.
We are proud to be a federally designated debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.