What Is The Automatic Stay And How Can It Help You?


You might be surprised at the speed with which things begin to happen when you file for chapter 7 bankruptcy. Almost before you know it, life gets better. Read on to find out more about the powerful legal weapon used to make your creditors stand back — the automatic stay.

Your Financial Affairs Are Out of Your Hands

No matter how much care and control you used over your financial affairs prior to the filing, the bankruptcy court and the trustee assigned to your case are now in charge. This may come as a feeling of relief for most filers who have been battling to stay ahead of the game for months. You can still use your income and checking account to pay for the things you need, but your assets and your debts are now out of your control. No more debt should be applied for, no more using your credit cards, and don't sell or give away any of your assets — at least until your bankruptcy is final.

Your Creditors Must Take Notice

Along with the above, another major change applies to debt collection actions. That means creditors contacting you, harassing you, and taking more drastic actions against you has to stop. They are not allowed to even send you a statement showing how much you owe. Any contact by any creditor should be reported to your bankruptcy lawyer immediately. Other automatic stay actions are as follows:

  1. Foreclosures and repossessions must come to a halt — At least, temporarily. If you are behind on your home or auto loans, you may need to get those debts caught up if you want to keep the property. Eventually, the stay will be lifted and creditors will be allowed to proceed. Check with your lawyer to find out how much time you have before that happens. They will likely tell you to use the money you were paying to your credit cards to pay your car and home loans instead now.
  2. Court cases and actions are undone — If you have been sued for a debt, you may already be experiencing the result of losing the case. Court judgments can mean wage garnishments and liens on property. Those (except some tax liens or child support liens) will go away as a result of the automatic stay.
  3. Utility shut-offs must cease — You are provided, in most cases, with additional time to pay your electric, landline, water, gas, and other necessary utilities after you file.

To find out more about how this powerful legal move can benefit you, speak to a bankruptcy attorney service.


18 February 2021

tips for getting through an adoption

Adopting a child is a wonderful way to bring a child into your family and give a child that needs a home a loving environment to grow up in. Unfortunately, the adoption process is not easy to get through. If you fail to file one document, the adoption can be set back by months. This blog will show you what to expect as you work your way thorough the adoption process and give you a few ideas of the things that you should leave up to your family attorney. Hopefully, what I have learned through my two adoptions will help you get through yours with no issues.