Cleveland Bankruptcy Attorney
If you are in the process of filing bankruptcy there are a variety of things you should do, your Cleveland bankruptcy attorney should be able to guide you through all aspects of the bankruptcy from begin to end. One very important aspect of filing bankruptcy is to cease all charging upon filing. You should destroy your credit cards or put them someplace where they are not readily available or tempting. If you continue to use them after filing, you could be charged with fraud under the current laws of bankruptcy. Those debts will not be eligible for discharge and knowingly charging something with full knowledge that you do not have the means to pay it back is something like stealing, is it not?
Additionally, timing is everything, if you obtain any cash advance or charge any type of luxury goods within a short period of time prior to filing, this debt will likely be ineligible for discharge, regardless of the circumstances. You should wait a period of time prior to filing if you have purchased any high priced goods or taken any type of cash advance, in order to better help your chances in filing bankruptcy.
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Once you have filed for bankruptcy, all debt collection efforts must stop. Most of the creditors will adhere to this rule, any efforts that are made by the creditors after filing is considered a violation of the laws set forth. Any person who violates this law knowingly will be committing a crime punishable by the court of law, as well as a liability to the debtor. However, with that said, the creditor, if not listed on the schedule may not be aware of the bankruptcy. If this occurs, you should immediately tell the creditor of the situation and ask that they stop all efforts of collection.
Your Cleveland Bankruptcy Attorney is also available to you to help in this situation. If the creditors call you, provide them with the name and telephone number of your attorney. They will provide the creditor information about the bankruptcy case, such as the court where the case is filed, the number of the case, and the filing date. If they continue to contact you after you have given notice they are in direct violation of the automatic stay, you should contact your attorney, trustee, or ask for court protection in the matter.
If you do come across a creditor you have forgotten to list, you should immediately contact your Cleveland Bankruptcy Attorney and give them all needed information regarding the creditor, such as the current debt amount, any type of collateral given and its value, and the creditors name and address. By omitting one you could have denied them their rights of participation, it is important that when you submit all of your documentation to the attorney that you ensure you have included all creditors. Go over your list several times, make sure you submit all bills and letters, and ensure you have given full attention to this aspect.
