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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 202
Experience:  14 Years Experience in Bankruptcy - Mid-South Super Lawyer
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Is it a violation of the automatic stay when a creditor tries

Resolved Question:

Is it a violation of the automatic stay when a creditor tries to collect a post-petition "debt" ?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  John A. Flynn, Esq. replied 3 years ago.
Are you in Chapter 13 or Chapter 7 and is your case still open?
Customer: replied 3 years ago.
I'm in CH 13 and the case is open.
Expert:  John A. Flynn, Esq. replied 3 years ago.
OK, under Section 1306 of the Bankruptcy Code, your money and property are part of the bankruptcy estate until discharge or dismissal. Therefore, if they try to collect from you, even though the post-petition debt is not covered (usually) by the discharge you will receive at the end of the case, it is still a violation of the automatic stay for a post-petition creditor to attempt to collect money from you.
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