Bankruptcy's Automatic Stay
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.
The automatic stay in bankruptcy protects you from creditor actions like foreclosure, wage garnishment, and repossession.
Discover how an order known as the automatic stay can prevent eviction before the landlord obtains an eviction judgment, and find out how long the stay is expected to last.
The automatic stay in bankruptcy will immediately stop a pending foreclosure. Learn why the automatic stay provides temporary foreclosure relief in Chapter 7 and how Chapter 13 provides a permanent home retention solution.
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. Other issues regarding bankruptcy and utility bills include whether utility bills can be included in Chapter 7. Learn more.
Learn about programs and laws that can help you avoid utility disconnections.
The automatic stay stops most collection efforts during your bankruptcy. But the stay is not absolute – creditors can ask the bankruptcy court to remove the stay, called lifting the automatic stay.
Learn how filing for bankruptcy can help stop a wage garnishment.
If a creditor continues its collection actions after you file for bankruptcy, it might be violating the automatic stay.
Many people wonder whether they can file bankruptcy on tax debt. A bankruptcy case can be an effective tool to clear tax debts. It will stop the IRS from continuing collection actions like garnishments and prevent the IRS from placing tax liens. Also, bankruptcy can eliminate (discharge) some older taxes and give you a process for paying back what you can’t wipe out.
If your car loan lender gets court permission, it can repossess your car during Chapter 7 bankruptcy. Find out how to avoid losing your car in Chapter 7 bankruptcy.
If you file for bankruptcy more than once a year, the automatic stay lasts only 30 days or, when filing more cases, doesn't apply at all. Find out whether you'll be protected from creditor actions when filing for bankruptcy.
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