Will filing for Chapter 7 Bankruptcy stop collection efforts?
Yes, filing for Chapter 7 Bankruptcy will stop collection efforts in South Dakota. When a debtor files for Chapter 7 Bankruptcy, an automatic stay is put in place which legally bars creditors from attempting to collect debts from the debtor. This also applies to collection agencies, allowing the debtor some time to get their finances back in order. The automatic stay take effect as soon as the petition for chapter 7 bankruptcy is filed with the bankruptcy court. Creditors are then notified of the filing, and they must stop all collection activities. This includes stopping telephone calls, repossession of assets, wage garnishment, and any other activity aimed at collecting a debt. It does not, however, stop the foreclosure process if the debtor has already defaulted on their mortgage payments. The automatic stay also allows the debtor to have some breathing room and to get their finances in order without being constantly pursued by creditors. In addition, creditors will no longer have the right to sue the debtor or threaten them with legal action. The automatic stay period ends when the bankruptcy case is over and all debts are discharged. Overall, filing for Chapter 7 Bankruptcy will stop collection efforts in South Dakota. With the automatic stay in place, debtors can get their financial situation back in order without having to worry about being pursued by creditors. And once the bankruptcy is complete, creditors will no longer be allowed to collect the debts.
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