Behm Law Group, Ltd. Has Identified the 4 Most Common Types of Bankruptcy Abuse and How to Protect Yourself

Recently, the outdoor retail chain Gander Mountain has filed for bankruptcy, with the intent to sell. It’s hard to imagine such a corporate giant going under, but their situation is not uncommon. From large corporations and wealthy celebrities, to private citizens of more modest means, anyone can find themselves in this difficult position.

Fortunately for Gander Mountain, they have a large legal team to navigate the intricacies of bankruptcy. However, private citizens rarely have this luxury, making them prime targets for aggressive collectors, unlawful foreclosures, and predatory lenders.

In response to these issues, Stephen Behm of Behm Law Group, Ltd. in Mankato, MN, has published advice for how individuals filing for bankruptcy can spot abuse and fight back.

1.    Abusive Collectors

Before filing for bankruptcy, calls from persistent collectors and creditors are typical. However, what some people don’t know is that once a bankruptcy has been filed, the injunctive provisions of automatic stay of 11 U.S.C. §362 go into effect. This means that creditors and debt collectors may no longer contact the debtor, allowing the debtor some breathing room. However, oftentimes the debtor will experience continued harassment from creditors, even after the automatic stay is in effect. This behavior only adds to the already significant stress a debtor is experiencing and is completely unlawful.

Fighting back: If creditors continue calling after the automatic stay goes into effect, the debtor must inform them that they have filed for bankruptcy relief then give them their attorney’s name, telephone number, and their bankruptcy case number. Also inform them that their behavior is unlawful and take notes of the details of the calls (the creditors’ names, the names of the creditors’ agents, the creditors’…

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