Freeze!

Credit card debt collectors can be merciless with their relentless phone calls, early in the morning, late at night, or during dinner. Banks and home mortgage services can be unforgiving if you fall behind on your home mortgage payments and begin home foreclosure rapidly.  The constant worry and threat of a foreclosure sale and the anxiety can take a big toll on you and your family both physically and emotionally.  The next time you’re having dinner and a debt collector calls, take a deep breath, decide you’ve had enough, grab the phone and yell “Freeze!”.

 

Freeze is what you get to shout out to your creditors when you file bankruptcy San Diego.  Once your lawyer files your case, an automatic freeze of collection activity, called a bankruptcy stay, goes into effect by operation of law.  The freeze stops most creditors' actions against you.  It will stop those relentless and annoying phone calls from debt collectors.  It will even can stop foreclosure of your home.  The stay is so powerful that it can stop a threatened foreclosure sale of your home on the eve of the sale date, though it is much safer and better practice to consult with a lawyer and file bankruptcy much earlier than the eve of a foreclosure sale.

 

There are exceptions to the freeze so don’t just assume the freeze will stop the adverse collection actions you are facing without first consulting with your lawyer.  For example, if you have already filed bankruptcy in the past one year period, the freeze may last for a very short time or not at all.  Also, under certain circumstances your creditors could have grounds to undo the freeze.  Again, you should consult with a San Diego bankruptcy lawyer. 

 

Despite the exceptions, the general rule is that the freeze does apply and your attorney will be able to advise if and to what extent the freeze will stop adverse creditor actions against you and your property.  Be sure you are aware of the exceptions, as they may significantly affect your legal rights.

 

So if you are facing a home foreclosure or you have had enough of the harassing phone calls, or are facing any other type of adverse creditor action, remember that bankruptcy is your legal right.  When you exercise your legal right to file bankruptcy San Diego, you become armed with the protection and the power to protect yourself from creditors and yell “freeze!”

This entry was posted in Foreclosure.


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