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Posts Tagged ‘bill collector’

U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will typically prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to collect these debts incurred prior to the bankruptcy petition. The automatic stay also protects property of the bankruptcy estate itself from collection actions and proceedings.

If a creditor violates the automatic stay their actions are voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

Beginning November First of 2009, financial institutions and other creditors were told to comply with the Red Flag provisions of the Fair and Accurate Credit Transactions Act of 2003. The purpose of the Red Flag rules is to prevent and alleviate identity theft. Identity theft might be defined as any fraud involving people getting particular benefits by pretending to be someone else.

Broad in scope, the Red Flag rules definition of financial institutions is any organization engaged in insurance, banking, or similar activities, and a good amount of the definitions come with leeway to expand compliance demands. Any consumer account involving multiple payments or transactions that is offered to organizations can be subject to the rules.