Bankruptcy Trustee Issues

On April 17, 2012, in Bankruptcy, by Robbie L. Vaughn, Esq.

Bankruptcy Trustee Trouble

Choose your bankruptcy battles wisely!

It is not a good idea to fight with your bankruptcy trustee over trivial matters. We have and always will stand up to bankruptcy trustees on behalf of our clients. However, we don’t see the benefit in bickering with a bankruptcy trustee over pay stubs, bank statements, tax returns, etc. You are obligated to provide your bankruptcy trustee with certain documents and comply with particular requests they make. This does not mean every request! Thus, it is in your best interest to know when your bankruptcy trustee is overreaching. A good bankruptcy attorney will know when to comply with a trustee’s requests and when to contest them.

New York Bankruptcy Attorney

As always, the Law Firm of VAUGHN, WEBER & PRAKOPE, PLLC, is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney.

Bankruptcy Attorney. Bankruptcy and The Automatic Stay

On May 13, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Automatic Stay in Bankruptcy

The Automatic Stay

The filing of a chapter 7 or Chapter 13 bankruptcy case automatically stays (stops or suspends) virtually all collection attempts (including those harassing phone calls), attachments, garnishments, foreclosures, and other actions by creditors against the person filing (the debtor) and their property.  A few days after a chapter 7 or 13 bankruptcy case is filed, the court will mail a notice to all creditors ordering them to refrain from taking any further action against the debtor.  Any creditor who intentionally violates the automatic stay may be held liable in damages to the debtor.

However, criminal proceedings and actions to collect domestic support obligations are not normally stayed. The automatic stay also does not protect cosigners and guarantors of the person filing, and a creditor may continue to collect debts from those persons after the case is filed (chapter 7) or completed (chapter 13). Also, debtors who have had one or more recent bankruptcy cases dismissed may have the automatic stay shortened or denied altogether.

Caveat: A creditor could make a motion to “lift” the automatic stay. Such a motion, if granted, would allow that creditor to continue collection efforts against the debtor or their property.

Bankruptcy Attorney in Mineola

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan