What can a debt collector do if I file for bankruptcy?

When a debtor in West Virginia files for bankruptcy, a debt collector must immediately stop all collection activities against the debtor. This includes making any phone calls, sending letters, suing the debtor, or attempting to garnish the debtor’s wages. The law protects a debtor in West Virginia from further collection activity until the bankruptcy court issues an order allowing the collector to proceed. However, a debt collector may be able to receive payment from the debtor in some cases. If the debtor received money from a third party while the bankruptcy is pending, the debt collector may be able to take a portion of that money to pay off the debt. Additionally, if a debtor received an inheritance, a debt collector may ask the bankruptcy court to allow them to collect on that inheritance if it is not protected by state or federal law. Finally, if the bankruptcy court discharges a debt, the debt collector may not attempt to collect on the debt in the future. They cannot attempt to garnish wages, place liens, or take any other collection activity against the debtor for a debt that has been discharged. The filing of a bankruptcy petition in West Virginia does provide an individual with some protection against debt collectors. However, debt collectors may still be able to take some action against the debtor in certain circumstances. It is important to consult a qualified bankruptcy attorney to better understand how the bankruptcy process may affect your particular situation.

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What can a debt collector do if I file for bankruptcy?

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