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Young Marr remains dedicated to our clients during this COVID-19 quarantine. We understand that legal needs of our clients must go on during this time. In order to minimize disruption as much as possible, we are offering free consultations via phone and/or video and can have our clients submit documents virtually.

What Will it Take to Get My Creditors to Stop Calling?

While the details are different from case to case, the basic situation preceding a need to file for bankruptcy is consistent: there just isn’t enough money. Whether somebody falls behind due to an injury, the loss of a job, or another reason, they can count on one thing: the creditors are going to start calling. And calling. And calling. For many people, the constant contact from creditors is among the most stressful and anxiety-inducing aspects of their financial issues. Is there any way to make them stop?

Upset Woman - What Will it Take to Get My Creditors to Stop Calling?

The Automatic Stay

If frequent contact from creditors has been poisoning your daily life with worry and dread, declaring bankruptcy has a pleasant surprise in store for you. It’s called the automatic stay, and it’s your new best friend. Under Section 362 of the U.S. Bankruptcy Code, the automatic stay prevents creditors from contacting you the moment you file the petition for bankruptcy. In some cases, the relief this provides is even the catalyst for deciding to declare bankruptcy. There are two important things to note about the automatic stay:

  1. The good news: putting the brakes on creditors is not the only thing the automatic stay can achieve.
  2. The bad news: the automatic stay can be contested by creditors, and in the worst case scenario, it can actually be lifted.

The automatic stay has considerable benefits — but it also has its limitations.

What the Automatic Stay Can Do for You

The main effect of the automatic stay is that your creditors become legally obligated to refrain from contacting you. When you file a petition for bankruptcy, you will be required to list your creditors, who will then be contacted and informed of the bankruptcy proceedings. They may continue to contact you in the interim, but once they are aware of the situation, the harassment should cease.

In addition to silencing creditors, the automatic stay has other benefits. It has the power to:

  • stop wage garnishment
  • prevent a shut-off to utility services
  • postpone foreclosure and eviction

Happy Woman - What Will it Take to Get My Creditors to Stop Calling?

Limitations of the Automatic Stay

While the automatic stay is a powerful aid, it also has its limitations. There are actions that it cannot halt or prevent, such as:

  • lawsuits pertaining to child support or alimony
  • hearings, fines, or sentences related to criminal charges
  • auditing from the IRS

Additionally, it should be noted that the automatic stay is not permanently secured once invoked: creditors who want to keep collecting can attempt to have the stay lifted. In order to do this, they will file a motion with a court, at which point the debtor, you, will be notified and given the opportunity for a hearing. Creditors might seek to lift the automatic stay due to debtors failing to make repayments on secured debts, or if they feel that they are unlikely to continue receiving payments from the debtor in the future.

If you or a loved one is struggling financially and considering bankruptcy, you don’t have to face the challenge alone. Contact Young, Marr & Associates immediately to schedule a free consultation with our experienced bankruptcy attorneys, or call us at (609) 755-3115 in New Jersey or (215) 701-6519 in Pennsylvania.

Have You:

Been paying credit card balances that seem to never go down?

Lost your job and are now having trouble keeping up?

Attempted to work out a payment arrangement to no avail?

Been notified of a mortgage foreclosure action?

Been denied for a mortgage or other line of credit?

If the answer to any of these questions is “yes” then bankruptcy may be an option that you should consider.

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328 W Broad St
Quakertown, PA 18951
Tel: (215) 515-6876
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7909 Bustleton Ave, First Floor
Philadelphia, PA 19152
Tel: (215) 607-2715
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Bensalem, PA 19020
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Marlton, NJ 08053
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Bala Cynwyd, PA 19004
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101 Greenwood Ave
Jenkintown, PA 19046
Tel: (215) 544-3347
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27 Cedar St
Mt. Holly, NJ 08060
Tel: (609) 796-4344
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Piscataway, NJ 08854
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Allentown, PA 18102
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Easton, PA 18042
Tel: (215) 515-7077
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Hamilton Twp.

3525 Quakerbridge Rd, #903
Hamilton Township, NJ 08619
Tel: (609) 236-8649
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