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Does Bankruptcy Clear Lawsuit Debt?

Sawin & Shea

Once bankruptcy is filed, whether it’s under Chapter 7 or Chapter 13 , an automatic stay prevents debt collectors from taking further legal action. Does bankruptcy clear lawsuit debt? Creditors can, and most likely will, take you to court if you owe a debt such as a credit card or medical bills and cannot pay.

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Debt Collectors Are Thriving This Year – And Now They’re Filing Even More Suits

Collection Industry News

It was a great time to be a debt collector. In August, Encore Capital, the largest debt buyer in the country, announced that it had doubled its previous record for earnings in a quarter. The company said it had stopped seeking orders to garnish bank accounts. It is, however, seizing wages.

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What is an Emergency Bankruptcy Filing?

Sawin & Shea

An automatic stay is an injunction prohibiting creditors from collecting debts. If you’re in an emergency situation such as wage garnishment, eviction, or pending repossession filing an emergency bankruptcy may be right for you. Those filing an emergency bankruptcy receive an automatic stay even before completing certain documents.

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Need to Know About Debt Negotiation and Settlement?

Sawin & Shea

Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.

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COVID-19 Collections Impact Bulletin: State Responses (December 2020 Update)

Burr Forman

Financial institutions, servicers, lenders, and debt collectors must stay up-to-date on evolving federal and state laws stemming from the COVID-19 pandemic, as such laws impact all facets of consumer loan servicing and debt collection. On August 31, 2020, the state legislature enacted the COVID-19 Tenant Relief Act of 2020.

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How Long Does Bad Credit Last?

Credit Corp

Since the debt is old and less likely to be paid, the creditor may be willing to accept less than what you owe to consider the matter closed. Foreclosures and Short Sales: Seven Years A foreclosure can remain on your credit reports for seven years from the date the foreclosure was filed.

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Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

However, it is important to note that before bankruptcy is declared, lenders can still come after you to get you to pay off the unsecured debt. They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home).