When creditors violate the Automatic Stay when you are in the middle of your bankruptcy filing you will probably have extreme emotional distress. But are the emotional damages recoverable by the debtor? Many, if not most bankruptcy courts have held that emotional damages are recoverable from a creditor who has violated the automatic stay. They concluded that the intent of Congress was to compensate for emotional damages because of the stated legislative intent to give debtors a breathing spell from creditor harassment. Recently, the firm on bankruptcy court held that; “Emotional distress is an actual injury. Legitimate human emotions are brought to bear when one’s rights are trampled on.”

 

If you file bankruptcy a second time to extend the automatic stay, do not think that the judge will automatically extend the automatic stay because you are good people. The judge is not there to give sympathy to he or she, but there to decide issues of law solely. You are presumed to file for bankruptcy the second time in bad faith. It is your job to prove to the judge that this is not bad faith but rather that you have stepped up to the plate and changed your circumstances in order to successfully complete your case. It is your job to take an active interest in your Bankruptcy case. Ask questions and stay informed about your bankruptcy filing. You will only be successful in your bankruptcy if you get involved stay involved throughout the entire process of your filing. This is your life, take control and regain financial control.

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