Bankruptcy's Automatic Stay
Find out how the automatic stay can protect you from creditors.
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When you file for Chapter 7 or Chapter 13 bankruptcy, the automatic stay immediately goes into effect. The automatic stay prohibits most creditors from continuing with collection activities, which can provide welcome relief to debtors as well the opportunity to regroup during bankruptcy. There are some exceptions to the automatic stay, so it's important to learn about these before you file. And creditors can ask the bankruptcy court to lift (remove) the stay. In certain circumstances, the court is likely to do so.
Below you'll find articles on the automatic stay, exceptions to the stay, how the stay affects particular creditors such as mortgage lenders and landlords, and when creditors can lift the stay.
Start here to learn about the automatic stay.
After you file for bankruptcy, the automatic stay offers potent legal protection against bill collectors.
Learn how the automatic stay affects evictions and foreclosures.
Whether bankruptcy stops an eviction depends on whether or not your landlord has a judgment for possession.
Bankruptcy's automatic stay temporarily stops a pending foreclosure. Learn more.
A law similar to the automatic stay prevents utilities from disconnecting service for 20 days when you file for bankruptcy.
Filing for bankruptcy will stop a utility from disconnecting service for 20 days, and longer if you can come up with adequate assurance of payment. Learn more.
Find out if you can get utility service reconnected when you file for bankruptcy.
Learn about programs and laws that can help you avoid utility disconnections.
Utilities cannot refuse service solely because of your bankruptcy filing. Learn more.
Your creditors may be able to get the stay lifted, otherwise most other collection attempts are illegal.
The automatic stay is not absolute – creditors can ask the bankruptcy court to remove the stay, called lifting the automatic stay.
If a creditor is garnishing your wages, you may be able to stop the garnishment and even get some of your garnished wages back by filing bankruptcy.
If, after you file for bankruptcy , a creditor continues its collection actions against you, the creditor may be violating bankruptcy's automatic stay.
Find out what happens to credit card lawsuits in Chapter 7 and Chapter 13 bankruptcy.
Find out what happens to IRS collection of tax debts when you file for Chapter 7 or Chapter 13 bankruptcy.
When you file for Chapter 7 or Chapter 13 bankruptcy, the automatic stay stops all medical debt collections.
If your car loan lender gets court permission, it can repossess your car during Chapter 7 bankruptcy. But you have options to avoid this.
If you are making adequate protection payments, the car lender cannot take your car before you plan is confirmed.
The automatic stay doesn't apply to every creditor. Learn more.
The automatic stay doesn't stop every collection action, nor does it apply in every situation. Learn more.
If you file for bankruptcy more than once in a year, the automatic stay lasts only 30 days or in some cases doesn't kick in at all.
If you fail to follow certain bankruptcy law deadlines, you will lose the protection of the automatic stay for property that secures a debt.
Whether bankruptcy stops an eviction depends on whether or not your landlord has a judgment for possession.
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