The automatic stay is a provision in the United States Bankruptcy Code that automatically goes into effect when a person files for bankruptcy and stops creditor harassment and actions immediately! It serves as a legal injunction that prohibits creditors from taking any collection action against the debtor or the debtor's property (foreclosure, repossession, wage garnishments, etc).
The automatic stay is activated as soon as the bankruptcy petition is filed with the court. It applies to all types of creditors, including credit card companies, mortgage lenders, and even the government. The stay also applies to any legal action that is pending or has been threatened against the debtor.
The automatic stay provides several benefits to the debtor. First, it stops the creditor from taking any further action to collect on the debt. This includes stopping any wage garnishments, foreclosure proceedings, and repossession of property. Second, it provides the debtor with the opportunity to catch up on past-due payments, such as mortgage payments, without the threat of the creditor taking action to foreclose on the property. Third, it allows the debtor to reorganize their finances and negotiate a repayment plan with their creditors if in Chapter 11, 12 or 13. In Chapter 7, liquidation bankruptcy, the automatic stay continues all the way into the discharge of debts that can be discharged.
However, the automatic stay is not an absolute protection for the debtor. Creditors can file a motion with the court to lift the stay if they can demonstrate that the stay is causing them undue hardship. Additionally, some types of debts, such as child support and alimony obligations, are not affected by the automatic stay.
In summary, the automatic stay is a powerful tool that provides debtors with a temporary respite from creditor harassment and provides them with an opportunity to reorganize their finances. It is important for debtors to understand the benefits and limitations of the automatic stay and to consult with a bankruptcy attorney to determine if it is the right course of action for them. Give me a call and I can help guide you through this process.
**None of the information provided here is intended as legal advice and no attorney-client relationship is formed between us until we have a formal written and signed agreement.**
