The Role of the Automatic Stay
When you file for Chapter 7 or Chapter 13 bankruptcy, the court issues what’s called an automatic stay. This is a legal injunction that halts most collection activities the moment a case is filed. Creditors are notified and must stop contacting you. That means:
- No more collection calls or texts
- No more letters demanding payment
- No more lawsuits or wage garnishments
- No more attempts to repossess property
- No more foreclosure proceedings
This protection applies to both individuals and married couples filing jointly, and it goes into effect immediately upon filing. There’s no waiting period or approval process. The automatic stay is built into the bankruptcy system and enforced by federal law.
Chapter 7 vs. Chapter 13: Which One Stops the Calls?
Both Chapter 7 and Chapter 13 bankruptcies can stop creditor harassment through the automatic stay, but they serve different purposes.
Chapter 7 bankruptcy is designed for people with little to no disposable income. It eliminates most unsecured debts like:
- Credit cards
- Medical bills
- Personal loans
- Past-due utility bills
- Payday loans
This type of bankruptcy usually takes about three to six months to complete. Once finalized, the debts included in the case are discharged, meaning you’re no longer legally required to pay them, and creditors can’t come after you for them ever again.
Watch & Learn: The Difference Between Chapter 7 and Chapter 13 Bankruptcy
Chapter 13 bankruptcy, on the other hand, is a reorganization plan for individuals who have regular income and can afford to pay back some of their debt over time. It’s typically used by people who want to:
- Catch up on mortgage or car payments
- Stop a foreclosure
- Repay non-dischargeable debts like recent taxes or child support
- Keep valuable property that might be lost in a Chapter 7
In Chapter 13, debts are repaid over a period of three to five years, and creditors must still respect the automatic stay throughout the entire repayment plan.
So while both forms of bankruptcy can stop creditor harassment, the right choice depends on your financial situation and your long-term goals.
So if you’re asking, Can a Chapter 7 bankruptcy attorney stop creditors from calling? … they can. And so can an attorney handling a Chapter 13 case. The difference lies in your income, debt type, and long-term goals.
What a Bankruptcy Attorney Can Do
Beyond filing paperwork, a bankruptcy attorney plays a crucial role in shielding you from collections. An experienced attorney will:
- Help you determine if Chapter 7 or Chapter 13 fits your situation
- File your petition quickly to activate the automatic stay
- Prepare accurate and complete documents
- Communicate with the bankruptcy trustee and court
- Advise you on protecting your assets
- Avoid costly mistakes that could delay or dismiss your case
Since the automatic stay only takes effect once the petition is officially filed, timing matters. If you’re dealing with wage garnishment or facing foreclosure, a Chapter 7 bankruptcy attorney can often file an emergency petition to trigger immediate protection.
Watch & Learn: Can a Chapter 7 Bankruptcy Attorney Stop Creditors From Calling?
What About Garnishments?
This is where many people feel the most immediate pain. When money is taken from your paycheck, it becomes even harder to pay bills or put food on the table.
There are only two ways to stop a wage garnishment: pay the debt in full or file for bankruptcy.
Once a Chapter 7 bankruptcy attorney files your case, the garnishment must stop. In some cases, you may even recover wages taken shortly before filing. But timing is key. The longer garnishment continues, the harder it becomes to undo the damage.
How Much Does It Cost to Hire a Chapter 7 Bankruptcy Attorney?
Many people assume they can’t afford legal help. But hiring a bankruptcy attorney is often more affordable and more effective than filing on your own. One of the most common mistakes made by people who try to file without legal help is submitting incomplete or inaccurate documents. These errors can delay your case or lead to dismissal altogether.
In most areas, Chapter 7 attorney fees range from $1,000 to $2,000, depending on the case’s complexity. Many attorneys offer payment plans or can file a partial emergency petition to activate the automatic stay while you finish submitting documents and payments.
And once the case is filed, that automatic stay often frees up money that was being drained by garnishments, fees, or aggressive collections. That financial shift can make it easier to afford the bankruptcy itself, turning what felt impossible into a step toward stability.
For a state-by-state look at the costs of filing, read our article: “How Much Does It Cost to File Bankruptcy.”
Do You Have to Go to Court?
Another concern people often have is whether they’ll need to appear in court. While there is a required meeting with a bankruptcy trustee (called a 341 meeting), it’s typically short, non-adversarial, and doesn’t involve a judge. In many cases, this meeting takes place over the phone or via video. Your attorney will prepare you for the meeting and attend with you, making sure you understand what’s being asked and how to answer confidently.
Bankruptcy Is a Legal Reset—Not a Moral Failure
One reason people hesitate to contact a bankruptcy attorney is shame. They feel embarrassed that they’re in this situation, or they worry others will judge them. But bankruptcy is a legal tool, one designed to give honest people a second chance.
Millions of Americans have used bankruptcy to eliminate overwhelming debt, protect their families, and rebuild their financial future. It doesn’t mean you failed. It means you’re taking action.
When Should You Talk to an Attorney?
If collection calls are constant, garnishments are active, or you’re using credit to pay other credit, it’s time to get informed. Meeting with a bankruptcy attorney doesn’t lock you into filing. It gives you the clarity to explore your options.And if you’ve been asking, Can a Chapter 7 bankruptcy attorney stop creditors from calling?—now you know that they can. With the power of the automatic stay and the experience of a skilled attorney, the calls can stop, the garnishments can end, and your path forward can begin.
If you’d like to be introduced to a bankruptcy attorney in your state, schedule a free debt analysis.
