Many honest, hardworking people who need help catching up with their money might benefit from filing for bankruptcy. Although many people (correctly) view bankruptcy as a last alternative for getting out of debt, it is not the apocalyptic scenario you may have heard about. The automatic stay is one of the most appealing aspects of filing for bankruptcy.
The automatic stay is a restraining order that takes effect immediately when a person or corporation files for Chapter 7 Rancho or Chapter 13 bankruptcy. Many creditors’ civil lawsuits and collection attempts are immediately halted by this order. This allows debtors to take a breather from the constant barrage of phone calls, emails, and messages from collection agencies.
What Is Prevented by the Automatic Stay?
Anyone who has held a significant amount of debt for more than a few months can attest to creditors’ and collection agencies’ tenacity. Debtors may experience severe hardship as a result of the continual phone calls and the threat of foreclosure or repossession.
If a debtor determines that bankruptcy is the best method to get out of debt, he or she will file for bankruptcy. They will work with a variety of parties (including government authorities and creditors) to resolve the case.
Depending on the type of bankruptcy you filed, it might take months or years for your case to be resolved. The automated stay prevents numerous collection operations during that period.
- The automatic stay can, for example, temporarily:
- Put an end to the foreclosure process.
- Prevent creditors from seizing cars and other assets as collateral.
- Assist debtors in keeping their utilities from being turned off.
- Attempts at collecting should be stopped.
- Stop wage garnishments in some cases.
- Your Debts Will Not Be Erased By The Automatic Stay
This is crucial information for debtors to have. The automatic stay does not discharge bankruptcy filers of their obligations on its own. In reality, creditors profit almost as much as debtors from the automatic stay since it allows bankruptcy courts to assess priority rights. Again, the way in which your obligations are handled is determined by a variety of criteria, the most important of which is the form of bankruptcy you choose chapter 7 Rancho, or the others.
- Also, don’t expect the automatic stay to impede collection proceedings involving:
- Tax obligations owed to the IRS
- Payments on student loans
- Fines for criminal offenses
- Child support, alimony, and other financial obligations
The ability of some creditors to request—and receive—an exemption to the automatic stay is one last constraint to be aware of. These motions will not be granted automatically in bankruptcy court, and you have the opportunity to object to the move to lift the automatic stay. Despite this, many creditors succeed in their claims.
Conclusion
While the automatic stay is a great way for debtors to catch their breath, it only provides a brief reprieve from many collection proceedings. The automatic stay is available to filers in all forms of bankruptcy, but the main work for debtors happens during the length of the injunction.
Make sure you speak with expert Chapter 7 and Chapter 13 Lawyers In Rancho before you or your nearest one files for bankruptcy. The Law Office of Rancho has assisted several debtors in regaining their financial footing and achieving a stronger financial future.