Bankruptcy and the Automatic Stay
You either made the decision to file bankruptcy or were forced into it. But your creditors are still harassing you. This may not be legal. A provision in the bankruptcy code called the automatic stay prevents creditors from taking any actions against you or even contacting you. In other words, as soon as you file for bankruptcy, this legal junction gives you immediate relief from your creditors.
Bankruptcy lawyer Gurjit Singh Srai serves communities across the Central Valley. He has helped many individuals and small businesses get debt relief from creditors. Our legal team can help you against creditors and get started on the road to debt relief. For more information or to learn how we can help you achieve your financial goals, contact the Srai Law Office.
What You Need To Know About an Automatic Stay
Under 11 USC § 362, once a debtor files for bankruptcy, the automatic stay goes into effect. The automatic stay prohibits creditors from attempting to collect on the debt. In essence, the automatic stay acts as a temporary injunction. The automatic stay begins when you file your bankruptcy petition with the Bankruptcy Court.
No hearing is held or judge approval is required for the automatic stay to go into effect. The creditors must either wait for the automatic stay to expire or petition the Bankruptcy Court to continue to collect on the debt. The duration of the stay varies for different debtors. If you have previously had a bankruptcy case dismissed, the period of the stay is limited.
How an Automatic Stay Can Help
One sure and quick way to stop creditors from harassing you is to file for bankruptcy and enact the automatic stay. As soon as the automatic stay goes into effect, no creditor will be allowed to contact you, whether by phone, mail or email. Any communication the creditor wants to have with you must go through your Stockton bankruptcy attorney.
Depending on the specific facts of your case, an automatic stay can:
- Stop foreclosure
- Stop repossession
- Stop wage garnishment
- Stop creditor lawsuits
- Stop creditor harassment
- Stop levying bank accounts
- Stop harassing debtor’s friends, neighbors, family members and employers
- Stop IRS collection activity
If you file for bankruptcy with the Srai Law Office and your creditors try to contact you, you can tell them to call us directly. We will make sure the creditors understand their automatic stay limits and stop harassing you.
Automatic Stay Limits
In most bankruptcy cases, an automatic stay will remain in effect for the entire bankruptcy process. However, there are cases in which the automatic stay is limited or not enforced at all, such as:
- If you have filed for bankruptcy in the last year and your case was dismissed, a new bankruptcy filing will provide you with only a 30 day automatic stay.
- An automatic stay will not go into effect at all if you have had more than one bankruptcy dismissed in the past year, unless you take the appropriate measures to protect yourself and your assets.
Regardless of whether you have previously filed a bankruptcy, you need to make sure that you take the necessary steps to properly file your bankruptcy. The Stockton automatic stay attorneys at the Srai Law Office are ready to help. We have the experience and legal knowledge to make sure you enjoy all the benefits of filing bankruptcy, especially the benefits of the automatic stay.
Contact an Experienced Bankruptcy Attorney
Bankruptcy issues can be complicated in California, but an experienced bankruptcy attorney can make sure that your legal rights are well protected. If you have filed for bankruptcy and your creditors are still harassing you, you should tell them to call your attorney.
The legal team at the Srai Law Office will make sure your creditors understand their rights under the law. We will do everything possible to enforce an automatic stay and stop creditors from harassing you after you file for bankruptcy.
For more information or to schedule a complimentary consultation with one of our Stockton automatic stay attorneys, please call us at (209) 323-5558, or complete our online form.