A creditor cannot stop you from filing bankruptcy, but a creditor can object to their debt being discharged.

Answer Applies to: Colorado
Replied: 9/16/2011

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No. A creditor can move to dismiss the bankruptcy filing if it was made without complying with the legal requirements.

Answer Applies to: Texas
Replied: 9/16/2011

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A creditor cannot prevent one through petty ignorant threat from exercising a legal right to file bankruptcy, the filing of which effects a federal court order protecting you from creditors. Creditors do have the right after filing to object to discharge of certain debts (on conditions of debtor fraud, for example), however they have a heavy burden to overcome a presumption of the honest debtor's right to discharge.

Answer Applies to: California
Replied: 9/16/2011

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No - a creditor can not stop you from filing a bankruptcy. You can write to the creditor and tell them that you cannot afford to pay them and also pay for food and other necessities of life, you simply do not have the income. Let them know they are only to communicate with you in writing and that the constant harassment is creating stress and anxiety. Add that you are writing the letter pursuant to 15 U.S.C. section 1692(c). If they do not comply with your request you will seek all available legal remedies. Send it certified mail return receipt requested and keep a copy for your records. This works with many creditors. If they ignore it, seek legal help. If you file a bankruptcy they must stop contacting you pursuant to the automatic stay.

Answer Applies to: California
Replied: 9/14/2011

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No a creditor cannot prevent you from filing for bankruptcy. However, there a certain debts (including secured debts) that may not be discharged in a bankruptcy.

Answer Applies to: California
Replied: 9/14/2011

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No they cannot prevent you from filing for bankruptcy, not even the IRS can prevent that. They're only trying to discourage you.

Answer Applies to: Florida
Replied: 9/14/2011

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No, a creditor has no control over whether you can file bankruptcy. He lied. If you defrauded that creditor, then he can move the court to deny your discharge. That is very rarely done because it's hard to do, expensive and he will owe you a lot of money when his motion is denied. Go file.

Answer Applies to: Ohio
Replied: 9/14/2011

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No, the creditor cannot prevent you from filing bankruptcy. There are specific laws to protect you from creditors especially when they are harassing you. I recommend you speak with an attorney.

Answer Applies to: California
Replied: 9/14/2011

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A creditor may object to your discharge of his debt, or he may ask for relief from the automatic stay. His success will depend on his reasons and the judge involved.

Answer Applies to: Colorado
Replied: 9/14/2011

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Creditors can't prevent you from filing bankruptcy, but they can challenge your bankruptcy, especially if improperly done.

Answer Applies to: Colorado
Replied: 9/14/2011

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A creditor cannot stop you from filing bankruptcy assuming that you are otherwise qualified. Creditors often hire people that are not fully versed on the law, both for collections and bankruptcy, and they make "mistakes." Or at least that is what the less than honest ones will claim if they get taken to Court. There are some very good credit collection agencies out there, but it doesn't sound like this is one of them. I would make an appointment with a bankruptcy attorney, and see if this is the best alternative for you. Maybe trying to reach a settlement with the creditor is best, depending on the amount and how reasonable they are.

Answer Applies to: Michigan
Replied: 9/14/2011

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You are dealing with a real bottom feeder here. He is lying to you. A creditor cannot prevent you from filing BK. The only thing that stops them from bothering you is to file.

Answer Applies to: Colorado
Replied: 9/14/2011

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Creditors can not prevent you from filing bankruptcy. If you file then they can not pursue you anymore.

Answer Applies to: Arizona
Replied: 9/13/2011

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No creditor can prevent you from filing bankruptcy. It sounds as though you have some claims for violations of the Fair Debt Collections Practices Act. Contact me for more information, you may have some claims which may require they pay money to you for violations.

Answer Applies to: Utah
Replied: 9/13/2011

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A debtor who is eligible to file can voluntarily do so. A creditor is not allowed to prevent someone from filing.

Answer Applies to: California
Replied: 9/13/2011

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A creditor cannot prevent you from filing bankruptcy. With that said, depending on the type of debt and how you acquired the debt, the creditor might be able to challenge your ability to discharge the debt, or even all of your debts. If you acquired the debt by way of fraud or misrepresentation (or other bad acts), the creditor may file an adversary proceeding (i.e., a lawsuit within the bankruptcy) to challenge your ability to discharge the debt you owe them. Further, there are certain types of debt, such as student loans, domestic support obligations and priority tax liabilities that are, generally, not eligible for discharge. In order to fully evaluate your situation, you should consult directly with a qualified bankruptcy attorney.

Answer Applies to: Massachusetts
Replied: 9/13/2011

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The creditor violated federal law with that statement, and lied to you. And you are being foolish in (1) talking to creditors and (2) advising them of a bankruptcy in advance. Get a good lawyer to properly defend you from creditors.

Answer Applies to: Georgia
Replied: 9/13/2011

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No a creditor cannot block or prevent your filing a bankruptcy there may be violations of federal law involved in such threats.

Answer Applies to: Mississippi
Replied: 9/13/2011

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They can say that all they want, the only problem is, they have no control over it. You choose whether or not you are filing, not the creditor. Out of sheer curiosity, I'd love to know who this creditor is, since it is the stupidest statement I've seen in some time. Whoever it is, discharging their debt will be delicious.

Answer Applies to: California
Replied: 9/13/2011

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A creditor cannot stop you from filing for bankruptcy relief.

Answer Applies to: Indiana
Replied: 9/13/2011

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Sometimes if a creditor feels that you have acted fraudulently or charged up your cards and then tried to file, they will contest the bankruptcy filing. This is not automatic and the creditor would have to take an interest in your specific bankruptcy. The call you received may have just been the tone of a harassing collections call, however, if you have engaged in questionable activities with respect to your credit card, then it's possible that the creditor will take the position that they should not be discharged in the bankruptcy.

Answer Applies to: California
Replied: 9/13/2011

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A creditor can not stop you from filing. You can send them a letter telling them to stop calling you, but they could still sue you if the statute of limitations has not yet run. Perhaps bankruptcy is your best option.

Answer Applies to: California
Replied: 9/13/2011

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No a creditor can not stop you from filing bankruptcy. If you want to stop this creditor to stop bothering you, one option is to file bankruptcy. Once the bankruptcy is filed your creditors are prohibited from contacting you.

Answer Applies to: California
Replied: 9/13/2011

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The creditor lied! Of course you can file bankruptcy. It is both your federal and state your LEGAL RIGHT! The debt collector is doing whatever he can to convince you to pay the debt-including scare tactics! To stop the debt collector from further harassing you, you have the legal right to send, via certified mail, a cease and desist letter-ordering the DC from ceasing any and all attempts to make contact with you. I would also recommend that the letter include a "request to validate debt." Upon receipt, the DC must cease any and all collection activity-until he provides you with proof of the debt. Many times, the DC doesn't have the necessary paperwork to validate the debt. If DC continues to harass, then tell him that you will record the conversation. If he says "you can't do that; you don't have my consent", then tell him to hang up as you are giving him legal notice of your intent to record the call IF he continues to keep talking. Also, with any DC, make sure they have the right person-by asking the DC to confirm your full name, address and last four of your social security. Do NOT give him any of this information. This is a TEST for him-to determine how much the DC knows about you and the debt.

Answer Applies to: California
Replied: 9/13/2011

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A creditor cannot prevent you from filing your case. They can object to the discharge of their debt of provide information to the court regarding a fraudulent filing if the creditor believes you have committed fraud. If your creditor is telling you this, you should really consult an attorney. If you hire an attorney, your legal counsel can stop creditors from calling you or review your situation with you to make sure you are a good candidate for bankruptcy.

Answer Applies to: California
Replied: 9/13/2011

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Generally, no one or nothing can stop you from filing bankruptcy except the conditions for filing.

Answer Applies to: Illinois
Replied: 9/13/2011

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Just ignore them and file. They can't stop you and are trying to scare you.

Answer Applies to: Virginia
Replied: 9/13/2011

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They have no right to stop you. They are just trying to intimidate you into not filing by misrepresenting the law.

Answer Applies to: California
Replied: 9/13/2011

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Generally, a creditor cannot prevent a debtor from filing bankruptcy. The creditor's only recourse is to file a "proof of claim" with the Court after a bankruptcy petition has been filed or an objection to discharge (if there are adequate grounds for such an objection). Otherwise, there is little a creditor can actually do to prevent someone from filing for bankruptcy.

Answer Applies to: Oregon
Replied: 9/13/2011

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Its not up to the creditor. If you want to file for bankruptcy, you can. However, just because you file for bankruptcy, it doesnt automatically mean that every debt you have will be discharged. Youll need to talk to an attorney about which of your debts will be dischargeable.

Answer Applies to: California
Replied: 9/13/2011

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I think that this creditor is wrong: I am not aware of any way that a creditor can stop a person from filing for bankruptcy. You can stop the creditor from bothering you and lying to you by consulting with an attorney.

Answer Applies to: New Jersey
Replied: 9/13/2011

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Not knowing your circumstances, there may be a reason a creditor may have to file a complaint with the Court to have their debt considered as nondischargeable. However, it would appear that your creditor is lying to you and is trying to scare you into paying them. The only way to stop them is to file. Otherwise, they have the right to contact you to collect on the debt.

Answer Applies to: Utah
Replied: 9/13/2011

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As long as you qualify for bankruptcy, you can file and a creditor cannot prevent you from filing.

Answer Applies to: California
Replied: 9/13/2011

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No they cannot prevent you from filing bankruptcy.

Answer Applies to: Washington
Replied: 9/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.