Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello,So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.
Trying to figure out if I should use my $2,000 BK attorney or go for law firm that has bigger back-up. That's why
I am trying to figure out if there is something I am missing. Can the bank challenge my bankruptcy? Come after
my wife? she did not sign any of their bank documentation.
If your wife did not sign the loan, the bank cannot hold her liable. Some debts are nondischargeable - you will want to consider if you could possibly fall into any of these categories. You can read the Code at this link: http://www.law.cornell.edu/uscode/11/523.html