Legal Question in Bankruptcy in North Carolina

Bankruptcy

If after filling bankruptcy are the creditors allowed to contact you? if they do what can you do about it ? It is concernig a car,that bwas surrendered in my bankruptcy but my ex boy-friend let get repo-ed now the bank is threatening to come after me. Can I sue them for harrassment?


Asked on 5/07/09, 4:27 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Bankruptcy

The straight answer to the question is no. However, not enough information is given to deal with the exceptions. A creditor may not contact a person after he has filed a bankruptcy to collect a debt. This is called the Automatic Stay and violation is punishable by contempt of court as well as remedies under the debt collection practices act. The Automatic Stay does not protect a co-maker who did not file bankruptcy. There is an extension of the Stay in a Chapter 13, but it does not extend to a non relative. After the Discharge, the Automatic Stay is extended forever as to collection of the debt, but the creditor may attempt to repo if the payments are not kept up.

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Answered on 5/07/09, 9:02 pm


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