Colorado Bankruptcy Lawyers - "What happens if creditors try to collect while bankruptcy is pending?"

If creditors or their bankruptcy lawyers attempt to collect any debt while a case is pending, court sanctions may be ordered by the court. However, creditors are allowed to collect specific debts and take specific actions which are authorized by the court. 11 U.S.C. 362 sets forth exceptions to the automatic stay. If a creditor or their bankruptcy lawyers desire to proceed with collection efforts, a motion must be filed seeking court permission. Creditors and their bankruptcy lawyers who fail to obtain court permission are subject to sanctions. If creditors or their bankruptcy lawyers attempt collection of a discharged debt after a case is closed, the procedure is similar. The debtor may ask the court to reopen the case and impose sanctions upon the creditor. Available sanctions include a finding of contempt of court, specific injunctive relief, and the imposition of fines and incarceration. The most common sanction is the imposition of a civil fine.

Colorado Bankruptcy Lawyers - Employer Liability

The code also specifically prohibits employers to discriminate against employees because of bankruptcy. To become actionable, the employee's bankruptcy proceeding must be the sole basis for discrimination. In practice, employers and their bankruptcy lawyers are well versed on discrimination law, and well advised concerning "plausible deniability." Any other basis, such as those commonly documented by memorandum warning of poor job performance, often relieve employers from liability. For employees, the bankruptcy discrimination statute is grossly ineffective.

For maximum benefit, most debtors interview several bankruptcy lawyers before committing to any course of action. Interviewing bankruptcy lawyers requires a degree of expertise. Federal laws, state laws, and local rules combine to form the practice standard used by Colorado bankruptcy lawyers and courts. These laws evolve continually with new statutory amendments and case decisions. The most successful debtors compare the opinions of several bankruptcy lawyers, and with targeted questions, discover the most beneficial path to pursue.

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