Posted On: February 24, 2009 by Scott Sagaria

San Jose Bankruptcy Attorney discusses the Benefits of the Automatic Stay

San Jose Bankruptcy Attorney discusses the Benefits of the Automatic Stay

If creditors are hounding you day and night you can rest assured that you are not alone. However, knowing that there are plenty of other people in your same position is a small comfort compared to the headaches and stress caused by constant harassment from your creditors.

Filing a Chapter 11 or Chapter 13 Bankruptcy may be the solution to your problems and provide your sanity with much needed relief. Upon filing your bankruptcy petition, an automatic stay will immediately go into effect which will prevent your creditors from taking further action against your property or making any more distressing phone calls. The automatic stay will be one of your best friends throughout the bankruptcy process.

In the event a creditor violates the automatic stay and continues to hound you with irksome phone calls, the Bankruptcy Code empowers you to obtain legal remedies against them. Not only may you be entitled to recover any legal fees associated with prosecuting the creditor for violating the automatic stay, you can also receive damages for the emotional distress the creditor caused you. In exceptionally serve cases, punitive damages may also be awarded against the creditor.

If you have a question regarding Bankruptcy please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 13 bankruptcy, lien stripping, discharging debt, etc. we can help! We have bankruptcy attorneys in San Mateo, Fremont, Sacramento and San Jose.

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