Bankruptcy's Automatic Stay

When a person files for bankruptcy, they usually receive immediate protection from creditors through a special court order known as the bankruptcy automatic stay.

This means creditors must stop collection efforts.

The Stay is Designed to STOP Debt Collectors

The automatic stay in bankruptcy was designed to:

  • HALT foreclosure
  • STOP repossession
  • SILENCE creditors
  • STOP many lawsuits & wage garnishments

Sound like the kind of help you need? Ask a bankruptcy lawyer if filing bankruptcy and could help you.

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The U.S. Bankruptcy Code protects all bankruptcy filers by force of the automatic stay provision. With very limited exceptions, this federal court order prohibits all collection activity after filing bankruptcy.

The automatic stay is designed to stop any lawsuit filed against you and almost any other action against you, your property and your paycheck. Any creditor who tries to illegally collect on a debt can be fined by the court and forced to give back any property or money taken.

If you’re tired of harassing phone calls and letters from creditors, take action to get your debt under control. Speak with a local attorney about how bankruptcy can provide relief.

How Long does the Automatic Stay Last?

The automatic stay is invoked when filing both Chapter 13 and Chapter 7 bankruptcy.

In the case of Chapter 13 bankruptcy, the automatic stay provision may stay in effect for a duration of of your case, generally 3 to 5 years, or until it is lifted by the court, while you repay your debts through the bankruptcy court at a rate based on what you can afford.

In Chapter 7 bankruptcy, the stay typically lasts a few month while your case works through the court, and creditors are prohibited from contacting you once the debts are discharged at the end of the case.

If you need help putting an end to creditor harassment, wage garnishment, lawsuits and foreclosure, speak with a bankruptcy attorney about your options.

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