Commercial Collections Blog

Debtor Bankruptcy, What is an Automatic Stay?

When a debtor files for Chapter 7 or 11 bankruptcy (rather debtor filed “voluntary” or creditors filed “involuntary”) — all entities are automatically and immediately “stayed” from taking or continuing further legal action against the debtor.

This means, as a creditor, you must stop all efforts directed toward the debtor.  This includes attempts to collect debt, enforcement of liens against the debtor’s property, or repossession of property.  If a creditor had repossessed property prior to the filing, and sold the asset — the creditor could  be required to make restitution of that asset to the bankruptcy estate.

Information from U.S. Bankruptcy Court

Have you ever needed information on a bankrupt business account but didn’t know where to turn? Don’t feel bad, most business professionals don’t either. The answer, however, is as close as your phone and often a lot quicker than searching the Internet, pulling up and searching bankruptcy websites you know of, waiting for the site to load, etc.

Each of the 91 bankruptcy court districts has what they refer to as an automated Voice Case Information System phone number or VCIS. Most are toll free. Simply call that number, press 2 and enter the case number (or enter the complete and accurate business name of your commercial account ) and presto, a recording will provide you with the business debt,attorney’s name and phone number, petition filing dates, upcoming hearing dates and much more. Try it and see how easy it is.

Debt Collection News

  • City swallows bitter sewer pill

    April 25, 2018
    HAYDEN — City council members here Tuesday night wrote off $10,507.45 in delinquent sewer utility bills that were past the statute of limitations on collections. Treasurer Sandee Rudy explained that the cause was Hayden's lack of control over city sewer utility services. Hayden residents pay their ...
  • Debt Collection Software Market to Grow at a High CAGR of by 2022

    April 25, 2018
    Worldwide Market Reports added Latest Research Report titled “Credit Insurance Market predicts rise in demand by 2022”. Debt Collection software is used to automate the management and accounting process to go after overdue invoices on behalf of an organization or a specialized collection agency.
  • Abingdon BID board head 'powerless' to stop threatening letters

    April 25, 2018
    Chairman Mel Inness said she had no control over debt-collection agency Capita, which sent the letters, and that the issue had been caused by the length of time taken to complete the review – requested on February 1 but not made public until last week. She explained: “We were initially told it would ...
  • 3 Ways Millennials Can Avoid of Financial Fraud

    April 25, 2018
    Of the types of fraud reported to the FTC, the three most common scams were debt collection (23 percent), identity theft (14 percent), and impostor scams ... Impostor scams come in two common varieties: impostors pretending to call from the IRS or another government or official agency, and impostors ...
  • Eighth Circuit Joins Five Other Circuits in Applying a Materiality Requirement to FDCPA Claims

    April 24, 2018
    In Hill v. Accounts Receivable Services, LLC, a consumer sued a collection agency for violations of § 1692e of the Fair Debt Collection Practices Act (FDCPA) on allegations that the collection agency's exhibits submitted in a state court action—which proved the assignment of the debt from the ...
  • How You Should Respond To Debt Collectors

    April 24, 2018
    [Credit Corrector Solutions] We know the story all too well, you fall behind in a bill. You don't pay it. The creditor realizes they are never going to get their money so they refer it to their "in house" collection department, or a debt buyer or collection agency buys the debt. Now, they begin calling your home, ...
  • Credit repair attorney accused of charging for 'free' legal service

    April 24, 2018
    A metro Detroit lawyer who battles debt collectors and credit reporting agencies has been accused of misleading clients by not being upfront about his practice of taking attorney fees out of settlements for services that he says — and promised to his father on video — are entirely free. The Michigan ...