Forms and Form Letters Helpful to Clients

Letter to Creditors - Type 1 - Please use this letter to respond to creditors who contact you after your case is filed but before any discharge order is issued (usually about 90 days after filing). Once your case is filed, an automatic “stay” is in place and creditors are prohibited by law from contacting you. If they want to make payment arrangements with you, they must contact our office or file an official request with the court to have the stay lifted.

Sending this letter may be helpful because the creditors may not get the notice of the bankruptcy until a week or so after your case is filed. In other cases, creditors are disorganized or need to be reminded to follow the law. It is wise to use the following steps when sending this letter:

  1. Complete the blanks on the letter.
  2. Make a copy of the letter and its attachment, staple these together and save a copy in a safe place.
  3. Mail the letter to the creditor.
  4. Contact our office if the creditor contacts you after receiving this letter so we can take appropriate action.

Remember, creditors must stop bothering you after you file your case for at least 90 days unless they make a special request to get the “stay lifted”! You do not have to put up with harassing collection efforts. Also, creditors who violate the law can be required to pay for damages by the Bankruptcy Court because the law is intended to protect debtors.  It is important to send any creditor bothering you this letter and then to contact us if they continue contacting you.

Letter to Creditors - Type 2 - Please use this letter to respond as needed to creditors who contact you after any discharge order is issued and your case is closed. The letter can be sent to creditors affected by the discharge order but please note that some debts such as student loans are generally not discharged. Once your debts have been discharged, the creditor involved is prohibited by law from trying to collect any payments from you. You need to respond assertively to any harassment and contact us if needed.

As mentioned above, some creditors are quite unscrupulous. It is wise to use the following steps when sending this letter:

  1. Complete the blanks on the letter.
  2. Make a copy of the letter and its attachment, staple these together and save a copy in a safe place.
  3. Mail the letter to the creditor.
  4. Contact our office if the creditor contacts you after receiving this letter so we can take appropriate action.

Final reminder – If a creditor causes real problems for you with harassing contacts, the creditor can be forced to pay you for any damage caused. When it comes to bankruptcy, the law is on the side of debtors and is designed to protect those who have filed for bankruptcy.

The Bankruptcy Code Protects Debtors from Creditors

The Bankruptcy Code helps protect debtors from creditors. The letters included here will help ensure that your creditors obey the law and that you are protected from creditors.

Don’t forget, you have rights!

Facts

For centuries interest rates were limited by usury laws. These laws originated in religions such as Christianity and Islam which frowned on lending money for interest.

In 1978, the U.S. Supreme Court ruled that state usury laws were unconstitutional. As a result, many debtors now find themselves confronted with unaffordable interest rates.

More Facts

Despite what you may have heard, frivolous bankruptcy filings are rare. Most bankruptcy filers are just confronting huge medical bills, job loss, or interest rates that have spiraled out of control.

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Telephone: 612.655.1308 or 651.636.7960.