Automatic Stay: Life Can Be Much Easier Once You’ve Filed Bankruptcy
When you’re deep in debt, it may seem like nothing will stop the constant flow of money through your fingers. Nor will it stop the harassing phone calls from creditors, the threats of repossession or foreclosure and the very real possibility of having your wages garnished or your bank account levied. Fortunately, there is something that can stop all of these things. It’s called the automatic stay, and it kicks in as soon as you file bankruptcy.
The attorneys of Lefkovitz & Lefkovitz understand how frustrating it is for you to be in this position and how desperately you want out of it. If there is a way to get you out of your current situation, we will find it. We have helped thousands of people in Nashville and all over Middle Tennessee who were in financial difficulty find debt relief through bankruptcy. There is very little we haven’t solved during our 37 years of practice.
How Does The Automatic Stay Work?
When you file any form of bankruptcy, the automatic stay starts immediately. The idea is to give you time to make a plan to reorganize your finances. This forces all creditors to stop their debt collection actions and any legal actions they may have taken against you. This can include:
- Creditor harassment
- Garnishing your wages
- Levying your bank account
- Putting a lien on your property
If a creditor objects to your bankruptcy filing, it can file a motion to lift the automatic stay so it can continue to pursue its legal action. This happens most commonly when mortgage lenders are about to foreclose on a property and the property owner will never be able to pay them back.
Is There Anything An Automatic Stay Can’t Stop?
- A lawsuit seeking child support or alimony.
- A criminal proceeding that has a debt component to it, though the debt portion may be stayed.
- Certain tax proceedings, though the stay does stop the IRS from issuing a tax lien or taking your property.
- Payments due for loans on pensions.
In addition, if you have filed for bankruptcy more than once in the last year, the automatic stay may only protect you for up to 30 days, depending on your situation. If you have filed two cases within a year, we have to ask the court to impose a stay for you, which is extraordinary relief.
Our lawyers will explain everything and guide you through the entire process. We want you to get out of debt and start over with a clean financial slate.
Let Us Help You Get Ahead So You Won’t Fall Behind Again
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.