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Debtor Rights – Bankruptcy

Debtor rights Bankruptcy
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Debtors’ rights in Bankruptcy law are very clear and must be followed.  Debtors are protected.  You cannot continue to keep contacting someone who owes you money.  Needless to say, threatening debtors is unlawful.

As soon as a Debtor files bankruptcy, their rights are protected.  Notice is given to all your creditors and they cannot contact you directly.

Below is an example of a creditor that paid punitive damages to the Debtor for not following bankruptcy law procedures.

Background – Debtor files Chapter 7 Bankruptcy:   

  • The person alleged that his friend stole $2,000.00 from his backpack while hiking
  • A friend said she paid him back but the check was never cashed
  • He claimed he did not deposit the check because he knew there was never any money in the account.
  • Chapter 7 was filed for all debts.
  • The $2,000.00 was inadvertently omitted.
  • Chapter 7 case amended to include the $2k and notice sent out to this creditor
  • The person continued to contact his friend and threaten criminal charges.
  • Calls continued and continued
  • Debtor filed a motion for contempt  

Court Ruling – Debtor’s Rights in Bankruptcy:

  • The creditor’s actions were significantly egregious and/or vindictive in nature.
  • The court awarded Debtor $170 for lost wages for Debtor to appear in court and $500 in punitive damages

However, the creditor did not receive the $2k and now had to pay his “friend” $670.

Bankruptcy Protection rules apply to everyone – you cannot continue to contact a debtor, even your “friends”

I am an NJ Board Certified Bankruptcy Lawyer.   Protecting Debtor rights is my focus.     Know your rights as a debtor.   

Contact me for a free bankruptcy consultation now.