Bankruptcy Violations

Bankruptcy Violations Lawyers in Florida

What to Do If Your Creditors Contact You after You Filed for Bankruptcy

Did you know that after you file for bankruptcy protection many of your creditors are prohibited from ever contacting you again? Ever?

After a person files for bankruptcy protection, they are known as a debtor. Immediately upon filing for bankruptcy protection, a debtor gets all the protections afforded by the bankruptcy code. The most important protection afforded by the bankruptcy code is the automatic stay provisions.

What Is the Automatic Stay?

The bankruptcy code has a debt collection injunction which immediately goes into place and prevents a debtor’s creditors from contacting them. This debt collection injunction is commonly referred to as the “automatic stay.” Unless an exception applies, the automatic stay prohibits creditors from intentionally contacting the debtor in an attempt to collect the debt.

Often, the creditors obey the automatic stay, and they leave the debtors alone. But there are debt collectors out there who, for some reason or another, don’t believe that the automatic stay applies to them. These creditors run the risk of violating one of the most basic protections afforded to a debtor under the bankruptcy code. When creditors intentionally violate this provision of the bankruptcy code, the sanctions can be severe.

What Happens If the Automatic Stay or Discharge Is Violated?

If a debtor can prove a violation of the automatic stay, the bankruptcy judge will decide what sanction is appropriate. Often, the sanctions are severe, and the creditor is required to pay the debtor’s attorneys’ fees for pursuing this violation and bringing it to the court’s attention. As you can very well guess, this can get quite expensive for creditors.

Were you contacted by creditors after filing for bankruptcy? Contact us now for a complimentary strategy session with our Florida bankruptcy violations lawyers! Call (800) 391-4337.

When Does the Automatic Stay Terminate?

Upon receipt of the discharge, the automatic stay will terminate in a Chapter 7 case. Usually, the automatic stay in the Chapter 7 case last approximately five or six months. Once the discharge is entered, the debts can no longer be legally collected and, therefore, the automatic stay is no longer needed.

However, in an abundance of caution, the bankruptcy code has a provision that kicks in immediately after the discharge is entered. This provision is commonly called the “discharge injunction.” The discharge injunction is a permanent injunction that the debtor will have in his or her back pocket for the rest of their lives. In other words, if any creditor or subsequent debt collector ever tries to collect a discharged debt, the debtor can always go back to the bankruptcy court that entered the discharge for relief from debt collector harassment.

Can The Dellutri Law Group, PA Help If You Filed for Bankruptcy with Another Firm?

The simple answer is yes, we can. However, we would want you to reach out to your original attorney first and give them the option of going after the creditors who are violating your consumer rights. If your attorney is not interested in pursuing these violations of federal law, we would love to hear from you! If your attorney chooses to pass on helping you with this issue, which many attorneys routinely do, you have the right to search for another attorney to help you.

The problem is that most bankruptcy attorneys do not sue creditors on a regular basis. They will tell their clients not to worry about it or to just send a letter telling the debt collector that they have filed bankruptcy, and it should all just go away. The problem is, it won’t go away. That debt collector will sell it to a different debt collector and so on and so on. Sometimes, people need to take a stand and file a lawsuit to protect their individual rights. That’s where we come in.

We don’t tell our clients not to worry about it. We take all attempts to collect on discharged debts very seriously. Sometimes, we will call the debt collectors ourselves. Sometimes, we just file a lawsuit. It all depends on how egregious the violation is.

Experience the Dellutri Difference

We are different. For the last 20+ years, we have been suing debt collectors, debt collection attorneys, banks, and other lenders who intentionally violate the automatic stay and/or the discharge injunction. We believe that a federal court order should be obeyed. We also believe in helping our clients protect the integrity of their bankruptcy discharge.

What people don’t realize is that the debt collection industry is massive. Debt collectors cannot help themselves, so they buy bad debt, like discharged debt, which is not collectible. When Attorney Carmen Dellutri brought this up to a bankruptcy judge, the judge dismissed him like he was kidding. Then he asked the judge a simple question, “Why would a debt collector buy debt that cannot be collected?” The answer is simple. Because they will try to collect it, and some people will pay. If they can collect on 1 out of 100 accounts, they are probably making a profit, since they bought the debt so cheap. At The Dellutri Law Group, PA we think this is a terrible business model, and we will protect as many people as we possibly can from debt collectors trying to collect on discharged debt.

Interestingly, sometimes, a debt collector can run afoul of other consumer protection statutes, like the Federal Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA), all while attempting to collect a debt that was discharged in bankruptcy court. This is when you need a consumer protection attorney on your side.

Why Do We Offer Complimentary Strategy Sessions?

While you may be thinking that there is no difference between a free consultation and a complimentary strategy session, the truth is, there’s a big difference. In a free consultation, people often don’t know what they’re going to get. It might be a high-pressure sales pitch, it might be an attorney answering questions, or it might be a real question-and-answer session.

At The Dellutri Law Group, PA, your strategy session will be complimentary. We will answer all of your questions. We will help you formulate a strategy going forward. You will not leave disappointed.

If you leave disappointed, we will refund your money. That’s a lawyer joke. Get it?

Give us a call at (800) 391-4337 or submit an online contact form today to schedule your complimentary strategy session.

The Dellutri Difference

  • A Healthy Firm Culture

    When our employees are happy to come to work, we know that they are capable of overcoming any challenge on behalf of our clients.

  • Service Tailored to Your Needs

    We sincerely care about each and every one of our clients and refuse to treat them like a case file to be passed from person to person.

  • Communication You Can Count On

    We believe that our clients deserve clear and consistent communication every step of the way, without any unnecessary "legalese."

  • A Culture of Philanthropy

    In order to give back to our community, each employee at our firm is granted the opportunity to sponsor a charitable cause of their choosing.

  • Experience & Passion on Your Side

    Our dedicated team of lawyers, paralegals, assistants, & staff have been fighting on behalf of our clients since 1998.

Get a Complimentary Strategy Session

Our firm is singularly focused on our clients and will stop at nothing to fight for the future that they deserve. Let us fight for your future next.

Meet Your Attorneys

Committed to Making Our Community a Better Place
  • Carmen  Dellutri Photo
    Carmen Dellutri

    Attorney

    If you know Carmen Dellutri, you know he is passionate about a lot of things. He gives back often- to his community, his employees, and his loved ones. Carmen has mentioned time and time again that the reason he became an Attorney, and specifically a Personal Injury and Bankruptcy Attorney, is because he loves to help others.
  • Amanda  Downing Photo
    Amanda Downing

    Attorney

    Amanda Downing doesn’t mince words and says what she means when it comes to the opposing side. She has the biggest heart and will fight tooth and nail to bring justice for her clients. “I hate having to go to bat for those victims, because they never should have been put in that situation to begin with. It’s just completely unfair.”
  • David  Lampley Photo
    David Lampley

    Attorney

    David Lampley is a father of four. He knows that becoming a father has strengthened his professional life. He has greater compassion for parents who have to move life around to accommodate their children. “I wish other attorneys would remember that people who come to them looking for advice are parents too, just trying to do what is best for their families.”

  • David W. Fineman Photo
    David W. Fineman

    Attorney

    Before David W. Fineman became an attorney, he was a deputy for CCSO and PGPD. David’s lifelong devotion to helping others, mixed with his empathy for people going through hard situations, is what makes him a fantastic attorney. Being a man of his word is something David stands by and you can always count on him to get the job done and get it done right!
  • Joe  LoTempio Photo
    Joe LoTempio

    Attorney

    Joe LoTempio is referred to as the office superhero to many of our clients who need defending against evil creditors in our consumer protection department. Joe has always had a passion for standing up for those who need a voice, protection, and justice after being taken advantage of, so it’s no shock as to why he decided to go into consumer law.
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