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Is there court protection?
A. We begin by
filing papers, on your behalf, with the Court. This informs
the Court of your decision to deal with your debts within the
framework of a protection of the Court. The Court informs your
creditors that they cannot obtain any payments except through
the Chapter 13 program. Once your papers are filed you come
under the protection of the court and the court will issue an
order preventing your creditor take action against you or your
property.
This protects you from your creditors from writing or
calling you to collect debts. They can’t proceed with any
collection actions, including repossessions, foreclosures,
garnishments, lawsuits, or any other harassment tactics. Now
you are in control of your own situation.
Once the plan is approved by the Court you mail a specified
amount of money each month to a Court-appointed trustee. That
amount is determined by what you can afford, not what your
creditors want. Your unsecured creditors actually have no say
in the plan you propose. Their consent is unnecessary. You
don’t even have to pay your unsecured creditors interest and
finance charges on such obligation.
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