No the creditor cannot stop you from filing for bankruptcy. If they are very aggressive they can file an action within the bankruptcy and challenge your right to obtain a discharge of the debt. To succeed they would need to prove fraud or some wrongdoing on your part.

Answer Applies to: California
Replied: 11/15/2011

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Please do not take advice from non-attorneys who know nothing about the law. If you qualify to file bankruptcy, no one can stop you from filing except yourself. There are cases where creditors file motions to try to stop debtors from discharging their specific debts, but they must have a good reason for that like fraud in obtaining the credit. Consult with an attorney to discuss your options.

Answer Applies to: Georgia
Replied: 11/13/2011

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In a word, no. A creditor can object, file a proof of claim, come to the 341 meeting and ask questions but cannot prevent you from filing the case.

Answer Applies to: California
Replied: 11/12/2011

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The only time a creditor can stop you from discharging their debt in bankruptcy is if fraud is involved or debt incurred in contemplation of doing bankruptcy.

Answer Applies to: Indiana
Replied: 11/10/2011

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No, a creditor cannot stop you from filing bankruptcy. Many creditors, especially collection agencies, will lie and intimidate people into paying them.

Answer Applies to: Arizona
Replied: 11/10/2011

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Bankruptcy is your right under the law. Creditors cannot stop you from filing. If they could then how could anyone file.

Answer Applies to: California
Replied: 11/10/2011

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Creditors can file objections to discharge of their debts or your discharge as a whole on various bases including fraud.

Answer Applies to: Georgia
Replied: 11/10/2011

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Creditors can file objections to discharge of debt in bankruptcy, butmost creditorsmust effectively prove fraud to do so. It is very rare to draw such an objection, and even rarer for the objection to be successful. Be careful about signing up with some online outfit who says give them money so they can settle your debts, as there are many outright crooks who will just take your money and never give any to your creditors.

Answer Applies to: Kansas
Replied: 11/10/2011

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There is no such thing as stopping a bankruptcy. There are only denial of discharges and dismissals. These occur only for specific reasons usually involving the debtors bad conduct. A creditor cannot just stop anything otherwise, all creditors would do so, and there would no such thing as a bankruptcy. Debt negotiators are amongst the biggest crooks in the country and being investigated continuously by State Attorney General offices. The threats you are receiving are generally meaningless and empty.

Answer Applies to: Michigan
Replied: 11/10/2011

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No, they cannot stop you from filing bankruptcy. This amounts to an empty threat.

Answer Applies to: Virginia
Replied: 11/10/2011

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It depends if you are filing a chapter 7, 11 or 13. Most commonly is the chapter 7, in which case they cannot stop the bankruptcy, but they can object to the discharge of their debt if they have grounds to object. You should probably talk to a local attorney, they may just be trying to scare you.

Answer Applies to: New York
Replied: 11/10/2011

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Can creditors stop bankruptcy? - only under extreme or dire circumstances, i.e., fraud, etc. I was informed that my creditor was going to stop me if I even tried to file bankruptcy. Can they really do this? I don't know how else to pay off the debt. I was thinking about debt settlement, but I don't know. - creditors can be ruthless and unfortunately, many of the hourly clerks sitting on the phone on auto dial use RIDICULOUS and sometimes illegal methods to attempt to collect a debt ...... if you haven't tried to defraud a creditor, then there is little they can do to stop you from filing BKY.

Answer Applies to: South Carolina
Replied: 11/10/2011

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No. Nobody has the right to stop you from filing. All of your creditors have the right to object to your filing but not until after you file. This is a very common threat made by debt collectors and it is entirely false and is a violation of the Fair Debt Collection Act.

Answer Applies to: Texas
Replied: 11/10/2011

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Creditors who allege that you obtained loans by fraud can sue you in bankruptcy to have the court declare the debt not dischargeable. That will not stop the bankruptcy but if they win then you will continue to owe the debt. That is rare and not so easy prove but if you overstated your income significantly in the loan or credit card applications or lied in the loan application in other ways then you might have a problem. If you told the truth when you applied for credit then you should not worry about those empty threats. If you think you obtained credit not telling the truth then you need to consult with an attorney before filing for bankruptcy and should not even think about filing without an experienced lawyer representing you.

Answer Applies to: California
Replied: 11/9/2011

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A creditor cannot stop you from filing bankruptcy.

Answer Applies to: Tennessee
Replied: 11/9/2011

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Most debt settlement companies are scams. And as a general rule, creditors cannot prevent bankruptcy. To do a bankruptcy properly, you need a lawyer.

Answer Applies to: Georgia
Replied: 11/9/2011

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It is difficult and rare for a creditor to actually stop a bankruptcy, it sounds more like a scare tactic. Personally, I am not a fan of debt settlement companies and find it is expensive and rarely works.

Answer Applies to: Michigan
Replied: 11/9/2011

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A creditor can object to the discharge or your debt to them. The will have the burden of proving why your debt should not be discharged, usually by demonstrating there was some form of fraud or that the debt is legally not dischargeable (student loan, taxes, child support...). You should consult with a bankruptcy attorney to determine what objections this creditor might bring and how they might be dealt with.

Answer Applies to: Massachusetts
Replied: 11/9/2011

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NO.... that is a big fat lie. They can't stop you from filing for bankruptcy relief. They can object if you ran up your credit card debt or incurred allot of new debt in the 6 months before you file.

Answer Applies to: California
Replied: 11/9/2011

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Creditors can't stop you from filing bankruptcy. However, if they believe that you do have money or an asset you can use to pay them, then they will object. They may also file an adversary proceeding objecting based on fraud.

Answer Applies to: California
Replied: 11/9/2011

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Bankruptcy cannot be stopped by a creditor.

Answer Applies to: California
Replied: 11/9/2011

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No creditor can stop you from filing. That is a common tactic of collection agencies (and untrue) they use to intimidate you into not filing. The issue is if you used the cards within 90 days before filing, they may be able to keep that part from being discharged and only that part but they cannot stop the filing.

Answer Applies to: California
Replied: 11/9/2011

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Creditors and debt collectors will make up all sorts of stuff to get you to make a payment. Don't believe them. As for debt settlement, I generally recommend doing it yourself if you're going to try it. Most debt settlement companies promise a lot, deliver very little and charge you too much. If you just need a little help, try one of the non-profit consumer credit counseling agencies.

Answer Applies to: California
Replied: 11/9/2011

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A creditor cannot stop your bankruptcy. In certain cases, a creditor might be able to make your debt "non-dischargeable." He would have to have a legal basis such as fraud and he would have to prove it.

Answer Applies to: Colorado
Replied: 11/9/2011

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Creditors will tell you anything in an attempt to get paid, even telling debtors that they can't file bankruptcy. Talk to a Bankruptcy Attorney in your area and he or she can go over your case.

Answer Applies to: Georgia
Replied: 11/9/2011

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No, a creditor cannot stop your bankruptcy case and this threat to do so is a violation of the Fair Debt Collection Practices Act.

Answer Applies to: California
Replied: 11/9/2011

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A creditor cannot prevent you from filing bankruptcy. However, they can object to the discharge of the debt you owe them or object to your entire discharge. Neither scenario is very likely in a simple case.

Answer Applies to: California
Replied: 11/9/2011

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Creditors cannot prevent you from filing a bankruptcy. Unethical debt collectors (Is that redundant?) frequently lie to debtors. Debt settlement can work well if you have some cash or can dedicate a substantial income flow for a year or two. Avoid firms that advertise as debt settlement firms. They will set up a monthly plan with the promise to negotiate with your creditors, but your monthly payment is eaten up by fees.

Answer Applies to: Colorado
Replied: 11/9/2011

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A creditor cannot stop a bankruptcy unless they can prove that when you incurred the debt you did so based on fraudulent information given to the creditor to induce them to extend credit.

Answer Applies to: California
Replied: 11/9/2011

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If a creditor threatens you in any way and you can prove it, then you may have a claim against the creditor. Filing a bankruptcy is your right. Whether or not you qualify for a Chapter 7 or 13 is another topic of discussion. If you need to file bankruptcy, do so.

Answer Applies to: Georgia
Replied: 11/9/2011

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They are probably bluffing.

Answer Applies to: Minnesota
Replied: 11/9/2011

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A creditor can object to a discharge in bankruptcy but they would have to have a valid reason such as fraud. The creditor may be threatening you hoping to get some money.

Answer Applies to: Georgia
Replied: 11/9/2011

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No they cannot, even if they're secured creditors. The only thing they will be able to do is to file an objection but they will most likely be denied. The only creditors that can still collect against you or resume any kind of legal proceedings against you outside of bankruptcy court are people who hold a judgement against you in an intentional tort case.

Answer Applies to: Florida
Replied: 11/9/2011

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A creditor has to establish grounds to challenge a bankruptcy discharge. Generally, unless the debt can be shown to be incurred through fraud, in order to pay off non-discharged debts or under some other circumstances that make the debt not dischargable such a challenge is very difficult. You should take the creditors threats with a grain of salt, but you should also ensure that you are represented by an experienced bankruptcy attorney.

Answer Applies to: Colorado
Replied: 11/9/2011

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If you are well suited for the chapter of bankruptcy that you are filing for, it is highly unlikely that a creditor could stand in your way.

Answer Applies to: New York
Replied: 11/9/2011

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No, a creditor cannot stop you from filing a bankruptcy. The creditor can object to its debt being discharged. Also, if the creditor believes you have assets it can inform the court that you have assets/income that you have hidden from the court but a creditor cannot stop you from filing a case.

Answer Applies to: California
Replied: 11/9/2011

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Not really, particularly if you have a good faith filing.

Answer Applies to: South Carolina
Replied: 11/9/2011

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He cannot stop you from filing.

Answer Applies to: California
Replied: 11/9/2011

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.