How can I stop creditors from harassing me during Chapter 13 Bankruptcy?
If you are filing for Chapter 13 Bankruptcy in California, you are likely trying to stop creditors from harassing you. Fortunately, there are steps you can take to accomplish this goal. Upon filing for Chapter 13 Bankruptcy, you will receive an “automatic stay” from the bankruptcy court, which is a temporary restraining order that prevents your creditors from taking legal or collection actions against you. This means that creditors cannot call or write you to demand payment, garnish your wages, or repossess property. Though creditors are legally required to comply with the automatic stay, you may need to remind them of this order. You can do this by sending them a copy of the order, and then ask them to submit a certificate of compliance to the court. This will serve as proof that they are adhering to the automatic stay. You also have the right to contact your creditors and ask them to stop all contact with you, with the exception of sending bankruptcy notices. If they continue to harass you, you should keep records of all the contact and report it to the court. It is also important to be aware of the rights that you have under California law. California has laws in place to protect consumers from debt collectors and other creditors. To learn more, you can contact the California Department of Consumer Affairs. By following these steps and using the protections available to you, you can stop creditors from harassing you during Chapter 13 Bankruptcy proceedings in California.
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