The Automatic Stay

Exceptions to the Automatic Stay: Repeat Bankruptcy Filings

When you file a Chapter 7, 11, or 13 bankruptcy, the automatic stay prevents creditors from trying to collect debts from you. This means they can’t contact, bill, or sue you or undertake other collection activities like repossessing your property or garnishing your wages.

Can Bankruptcy's Automatic Stay Stop Wage Garnishment?

If you can’t repay your debts and you’re getting nonstop calls from debt collectors, or a creditor filed a lawsuit against you and is garnishing your wages, bankruptcy could be the answer. The automatic stay order put in place when you file for bankruptcy stops most collection actions, including wage garnishments.

How the Automatic Stay Protects Bankruptcy Filers

The moment a debtor files for bankruptcy, the automatic stay goes into effect. This important protection puts an immediate stop to most debt collection efforts, including phone calls from creditors, wage garnishments, and even repossession and foreclosure proceedings.

Will Chapter 7 Bankruptcy Stop an Eviction?

Bankruptcy's automatic stay will prevent your landlord from beginning or continuing with eviction proceedings during your Chapter 7 bankruptcy.

Will Chapter 7 Bankruptcy Prevent a Car Repossession?

If you are not making timely car loan payments, Chapter 7 bankruptcy cannot permanently prevent a car repossession. However, Chapter 7 can temporarily delay the lender from repossessing your car and allow you more time to negotiate or cure your default.

My car was repossessed after I filed for bankruptcy. What can I do?

Suppose you file bankruptcy and several days later discover your car, van, SUV, motorcycle, or truck is missing. With a frantic call to the local police department you learn that your creditor has repossessed your car. Fortunately, most creditors will release the car right away after you notify them

Can Bankruptcy's Automatic Stay Stop Wage Garnishment?

If you can’t repay your debts and you’re getting nonstop calls from debt collectors, or a creditor filed a lawsuit against you and is garnishing your wages, bankruptcy could be the answer. The automatic stay order put in place when you file for bankruptcy stops most collection actions, including wage garnishments.