Post-Bankruptcy Complications And What Your Lawyer Can Do About It

Starting a business is always a risk, and sometimes it doesn't end well. Read on to find out if bankruptcy is the right move for you.

Post-Bankruptcy Complications And What Your Lawyer Can Do About It

Post-Bankruptcy Complications And What Your Lawyer Can Do About It

17 October 2018
, Blog

Most of the time, a bankruptcy goes off without a hitch. Your lawyer files the paperwork and sends the notices to your creditors, telling the creditors of your intent to file for bankruptcy. The creditors can choose to send a representative to request that they be excluded from the bankruptcy and demand payment in full, or they can just agree to let the debt go/be discharged. Every once in a blue moon there are post-bankruptcy hearing complications. Here are those possible complications, and what your bankruptcy lawyer can do about them.

​Creditor Comes after You to Get Payment Because Creditor Was Not Notified

It is rare, but it is also possible that a creditor on your list did not receive notification of your intent to file for bankruptcy. When that happens, the creditor may resume the phone calls to extract money from you, believing that you did not complete the bankruptcy. You should take this problem immediately to your attorney. In the course of providing bankruptcy attorney services, your attorney can uncover why this particular creditor never received notice. It may have been anything from office oversight to U.S. mail issues. Once the attorney gets to the root of the matter, he/she can mail a copy of the discharge papers from the court and the hearing so that this creditor stops bugging you.

Attempting to file a lawsuit against you will not help, since the judge has already determined your case. Do not be worried or threatened by a possible lawsuit, since you and your attorney did everything you were supposed to in relation to filing for bankruptcy and notifying your creditors. You cannot be held liable for faults, failures and mistakes elsewhere.

​Creditor Was Intentionally Not Included and Has Now Raised Your Interest Rates

The biggest reason why your lawyer will expect you to include ALL of your creditors in your bankruptcy paperwork is because creditors that are not included may raise your interest rates significantly after the bankruptcy is discharged. This may prove a problem, especially if you continue to use these credit cards or lines of credit. You could argue and fight the increases legally, but if it is part of the contract to extend credit to you, there is not much a lawyer can do. You cannot retroactively include this creditor in the bankruptcy, and you may have this line of credit only according to the rates and terms outlined in the contract you have.

Contact local bankruptcy attorney services to learn more.

About Me
is bankruptcy a smart business move?

America is supposed to be the land of opportunity. What do you do when you try to take advantage of an opportunity that ends up costing you more than what it is bringing in? Sometimes, a business that you start just doesn't work out as you had hoped. It could be that you don't have enough experience or it could be that the market goes bad. Whatever the reason for the business not doing well, you will have to think carefully about your next step. Is bankruptcy the only way to get through this difficult time without losing everything you have worked for?