Montana Bankruptcy Contempt Lawyer

Generally, when you file a bankruptcy, whether Chapter 7 or Chapter 13, your creditors are prohibited from contacting you because of the automatic stay. And once you receive your discharge, your creditors are prohibited from attempting to collect any of your discharged debts. This is known as the discharge injunction. If your creditors violate either the automatic stay, or the discharge injunction, you may be entitled to relief, including:

• Economic damages

• Emotional distress damages

• Punitive damages

• Attorney fees

Our Montana Bankruptcy Contempt Attorneys are experienced at enforcing the automatic stay and discharge injunction. Contact us for help if your creditors are harassing you before, during or after you bankruptcy case.

The Automatic Stay

The automatic stay, as its name suggests, is automatic. Meaning, when you file bankruptcy, your creditors are prohibited from contacting you in an effort to collect most debts. Specifically, creditors may not:

• File a lawsuit against you

• Continue a pending lawsuit against you

• Enforce any judgment against you or your property

• Repossess, or take any action, to possess your property

• Enforce or attempt to enforce any lien against your property

• Levy your bank account

• Garnish your wages

• Otherwise attempt to take your property or money

However, not all creditor actions are prohibited, so if you have any questions, contact our experienced bankruptcy contempt lawyers.

Discharge Injunction

Like the automatic stay, the discharge injunction is automatic once your discharge is granted. It prohibits a creditor from attempting to collect a judgment against you. In particular, it:

• Voids judgments against you

• Permanently stops pre-existing lawsuits from continuing

• Stops lawsuits being filed against you based on discharged debts

• Prohibits debt collectors or creditors from attempting to collect a discharged debt.

Our attorneys have handled discharge injunction violations brought against debt collectors, banks, mortgage companies and others. If your creditors continue contacting you after a discharge, contact our Montana Bankruptcy Contempt Lawyers for assistance.