Every so often, I read a letter or receive a call from an attorney or creditor after the filing of a client’s bankruptcy, that attempts to explain to me the need for my client to file a motion with the local court to obtain a ruling as to whether the automatic stay applies to a collection case against the debtor.
Doing so is unnecessary. (although providing notice to the local court and other parties may be in order to ensure they are aware of the filing).
The filing of the bankruptcy petition alone invokes the bankruptcy code’s automatic stay and it applies to collection activity in and out of court. (See 11 U.S.C. Section 362 of the bankruptcy code).
The “stay” provision takes effect the moment the case is filed and the debtor and his or her property is under the protection of the bankruptcy court itself with a few minor exceptions.
If you are in a bankruptcy case, and a creditor is continuing it’s collection activity with knowledge that you have filed, it has probably violated federal law.
Talk to your bankruptcy attorney or a bankruptcy attorney experienced with automatic stay litigation in bankruptcy, if you are having this problem.