Tips And Guide For Debt And Loan Management

Sometimes a creditor never requests relief from stay and continues to harass you as if nothing has happened. The collection agency keeps calling, or a creditor files suit.
For a contempt of court motion to succeed, the debtor must be able to
prove that the creditor knew of the stay, that the creditor intentionally violated the stay, and that the violation was serious. This is not an easy three-part test to meet.
Such actions constitute contempt of court; the creditor has broken the law and can be fined by a bankruptcy judge for the violation.
If this happens to you, you have a few options. You could call the creditor and explain that he is violating a federal court order, which he may not know, and he may just stop. This action is certainly easier and cheaper than the second option:
Your attorney may file a contempt of court motion against the creditor. A creditor, knowing of a bankruptcy, who continues to send the debtor a monthly bill will not get in trouble because that is not a significant violation. An auto repossession in the middle of the case, however, would be considered contempt of court.