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.

Lifting the Automatic Stay in Chapter 7 Cases

One of the most attractive consequences of filing a bankruptcy petition is the automatic stay. In a previous article, I discussed the importance of the automatic stay in bankruptcy. As I wrote...

Can Bankruptcy's Automatic Stay Stop Wage Garnishment?

If your wages have been garnished, the automatic stay, which goes into effect when you file for bankruptcy, can put a stop to it.

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. However, there are two important exceptions to this rule. In addition, the landlord can always ask the judge to lift the stay, and courts tend to grant these requests.

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 your wages have been garnished, the automatic stay, which goes into effect when you file for bankruptcy, can put a stop to it.