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Know Your Rights in Bankruptcy

by: Attorney Noyes

7/15/20241 min read

Filing for bankruptcy is a significant step that involves detailed legal procedures and important protections under consumer law. Understanding your rights can empower you to navigate this challenging time with confidence.

Automatic Stay: When you file for bankruptcy, an automatic stay immediately takes effect. This prevents creditors from pursuing collection actions against you, such as lawsuits, wage garnishments, and even harassing calls and letters. It's a powerful form of consumer protection that gives you breathing room.

Exemptions Protect Your Assets: Bankruptcy laws provide exemptions that protect certain assets from being seized by creditors. These can include your home, car, personal belongings, and retirement savings, depending on state laws. Knowing which assets are safeguarded helps you plan more effectively for your financial future.

Fair Debt Collection: The Fair Debt Collection Practices Act (FDCPA) protects you from abusive, unfair, or deceptive practices by debt collectors. Even during bankruptcy, this law ensures that debt collectors treat you with respect and integrity.

Discharge of Debts: One of the fundamental rights in bankruptcy is the discharge of debts. This provision releases you from personal liability for specific debts and prohibits creditors from taking any action to collect those debts ever again.

Accuracy of Credit Reporting: Post-bankruptcy, it's crucial to ensure that all discharged debts are correctly reported on your credit reports as such. You have the right to an accurate credit report, which is essential for rebuilding your credit after bankruptcy.

At Noyes & Associates, we are committed to protecting your rights and ensuring you receive a fresh start through bankruptcy. Our experienced attorneys guide you through each step, making sure you understand and exercise your rights fully.

If you are considering bankruptcy and need help understanding your rights and options, contact Noyes & Associates today. We’re here to help you secure a stable financial future.