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Information and help with bankruptcy questions for new Chapter 7 and Chapter 13 laws.

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Everyone has bankruptcy questions before filing. The law is complex and it's application unique to each individual. Benefits available under Chapter 7 and Chapter 13 are quite different, as are qualification requirements, discharge procedures, and especially, the debtor's responsibilities while a case is pending. By far, the best time to ask bankruptcy questions is before deciding upon any course of action.

The most successful debtors plan well in advance, and maximize benefits and advantages permitted under the Code. Board certified specialists frequently refer to the Code, review new cases and options, and must research novel legal issues on a regular basis. Even then, the most qualified attorneys must still seek answers to bankruptcy questions almost daily. For anyone needing free legal advice for questions about bankruptcy, most debtors are pleased to discover free legal questions answered online and board certified attorneys who welcome legal questions.

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When creditors ignore automatic stays

The Code contains general creditor harassment laws, including especially the provisions of 11 USC Section 363 which creates the automatic stay. In effect, an automatic stay acts as an injunction against further collection efforts. In particular, a violation of the stay includes many actions deemed improper by the federal fair collection act and venue requirements, creditor reporting laws, late payments reporting, and even prevents domesticating foreign judgment and/or orders.

For instance, just because car repossession laws may authorize seizure, the federal automatic stay preempts state law and prohibits repossession unless and until permission is given by the court. Similarly, rules for wage garnishment and creditors garnishing wages are prohibited after filing, and require dismissal of judgment entry if the judgment order was signed after filing Chapter 7 or Chapter 13.


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