Maine Bankruptcy Attorney
When you are struggling to pay your bills, it often seems like you can never get a break. The phone rings and it’s one of your creditors, trying to convince you to make promises you know you can’t keep. You go to the mailbox and find letters threatening legal action. We can help.
At the law office of Perry O’Brian, we bring more than 26 years of experience to people facing financial challenges. Because bankruptcy is all we do, we know how to work with your creditors to put an end to the incessant calls and letters. We work with individuals and small businesses, using our considerable knowledge of the laws and procedures to simplify your situation, and minimize your stress and anxiety. When you hire us to help you stop creditor harassment, we will work hard to promptly respond to all your concerns.
Protecting You From Creditor Harassment
We offer an initial plan for avoiding or minimizing creditor harassment, where we have you refer all calls from creditors to us. The first time a creditor calls, you simply ask them to contact us with any questions or concerns about your debt. We will work directly with them, seeking arrangements, with your approval.
Fair Debt Collection Practices Act
We are well versed in the provisions of the Fair Debt Collection Practices Act, and know when creditors have crossed the line. We will take swift action to protect your rights when creditors violate the provisions of the statute.
The Automatic Stay
We can also help you put an end to creditor harassment with a personal or business bankruptcy filing. When you file your petition, an automatic stay immediately goes into effect, prohibiting your creditors from calling, writing or taking legal action to collect a debt. We will help protect your rights when creditors violate the provisions of the bankruptcy laws.
Post-filing Stay Violations and Violations of the Permanent Injunctions
Let’s be clear. Some creditors will still try to collect debts after you file for bankruptcy or after you receive your discharge. They may try to tell you that the debt was not included in your bankruptcy or that for some reason you may still owe the money. Do not be fooled! If any creditor tries to collect a debt from you after you have filed bankruptcy and after you have received your discharge, it is against the law. If they persist in attempting to collect, you can sue them in bankruptcy court and obtain monetary damages, including attorney fees. Let us know if any creditor or third-party debt collector contacts you post-filing. We will tell them to stop and if that does not work, we will file an adversary action in bankruptcy court seeking damages on your behalf.
Fair Credit Reporting Act
A few months after your bankruptcy case is over, we recommend that you obtain a free credit report to see if the debts are being properly reported as "discharged in bankruptcy." If not, you can ask that your credit report be corrected. If the report is not corrected, you can sue the creditor for a violation of the Fair Credit Reporting Act. You can also file an adversary proceeding in bankruptcy seeking damages for violation of the permanent injunction.
It is important that you let us know if any creditor or any third-party debt collector tries to collect discharged bankruptcy debt.
Contact Attorney O’Brian
We offer a free initial consultation to every client. To schedule an appointment with an experienced Bangor creditor harassment lawyer, contact us online or call our office at 207-942-4697 (toll free at 877-900-9857). Installment payment plans are available to help make bankruptcy more affordable. Our offices are easily located in Bangor.