JavaScript DHTML Menu Powered by Milonic
Clark 

& Washington
     Home     About Us     New Clients     Current Clients    Our Offices      FAQ     Espanola    Miscellaneous  
Clark & Washington Home Page btns


The Automatic Stay and Your Overdue Bills
bar

   After filing Chapter 7 or Chapter 13 bankruptcy, you are instantly protected by the “automatic stay”.  With limited exception, the automatic stay protects you from all creditor actions.  You are protected by the stay even before your creditors know that you have filed.  Here are some examples about how the automatic stay works:

David filed his Chapter 13 case five minutes before his home is scheduled to be sold at foreclosure - the filing of his case made the sale void and the purchaser at auction may not take title

Barry was receiving collection phone calls day and night for months.  He met with us and decided to file Chapter 7.  The minute we filed electronically and got a case number, Barry was protected from phone calls.  Once the bill collectors were advised of the filing, they were legally required to stop calling.  Any bill collector who continues to call and who knows about the filing could be liable to Stan for money damages.

Tania had been served with two separate lawsuits last week.  After meeting with her Clark & Washington lawyer, Tania decided to file Chapter 7.  After we obtained a case number, we contacted the lawyer for the plaintiff to demand that he file a dismissal, which he did.

William had fallen behind on all of his bills, and was in danger of losing his car to repossession.  After we filed Chapter 13, William did not have to hide his car because the automatic stay protected him against the repo man.

Under the 2005 changes to the Bankruptcy Code, some of the rules dealing with the automatic stay were changed as well.  Specifically, the automatic stay may not apply in refiled cases and it may not work to stop certain creditors (i.e., some creditors in domestic relations cases).


bar


Remember: if you have ANY questions, please do not hesitate to call us for a free telephone consultation at (615) 831-7003.


 
 






 

� 2003-2008 Clark & Washington, P.C.
(615) 831-7003
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Disclaimer: This Website contains general information about various areas of bankruptcy.
It is highly recommended that persons with debtor/creditor problems seek the advice of an
attorney. The information on this Website is not intended to be legal advice and viewers
should consult with an attorney.






DHTML Menu By Milonic JavaScript

Do you want us to contact you? Have a question we can answer? Get your bankruptcy started Clark & Washington Home Page
Book Now