Victory Over Creditor Who Violated Bankruptcy Protections

Submitted by Ed Boltz on Tue, 07/19/2022 - 10:54pm

Victory Over Creditor Who Violated Bankruptcy Protections

The Bankruptcy laws not only provide real and lasting relief from debts,  but also stop creditors cold in almost all attempts at collection.  Not surprisingly,  however,  creditors and debt collectors often try to ignore these protections,  continuing to send bills,  make harassing telephone calls or take other abusive actions.  Fortunately,  as this example shows,  the Bankruptcy laws are powerful enough that we can punish creditors that engage in these  sorts of illegal behavior .

After filing bankruptcy protection with the Law Offices of John T. Orcutt, a medical creditor continued to harass our client demanding that they pay a prepetition debt, which violated the automatic stay. When I use the word "harass" that isn't to say that the creditor was showing up at the client's home or work, using curse words or making terrible threats- just continued bills and telephone calls despite the clients giving their bankruptcy info which requires the creditor by law to STOP.

When the creditor continued sending bills each month and calling our client, one of our paralegals, Nikki West, notified the creditor several more times, by telephone, letter and email, with the bankruptcy information,  repeatedly requesting  that the creditor stop.

When the collection letters persisted, Nikki then immediately contacted Craig Shapiro, one of our attorneys who focuses on consumer protection,  and he was was able to get a fantastic settlement from the creditor to resolve this abuse, 
Because of the diligence, persistence and expertise of our entire team,  this lawsuit was was settled for $26,000 -- with $13,500 in damages for our client, not to mention the  peace of mind from knowing that this debt was gone forever.

 

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