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Bankruptcy and the Automatic Stay

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.

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    I highly recommend Mr. Gurjit Srai. Recently Mr. Srai got my criminal case dismissed just within a month. That was really a miracle for me.
    Gurjit was great at keeping me informed with every step of the way with my case. He will give you an honest opinion with your case and advise you well.
    Attorney Gurjit Sing at SARI LAW handle my case perfectly in a really good time manner, he answered and explain in fully detail about all the facts on my each question.
    Gurjit was a Man of his word. He knew the outcome I wanted, and even when there was a clerical error by the court he stepped up and personally handled the issue.
    Mr. Srai helped me with my DUI case. I really liked how he interact with me based on my flexibility. He was very informative and kept me up to date with my case.
    I had no expectations because my experience with lawyers is they take your money and that’s the end of it. Mr Srai was positive and let me know what his strategy was.
    Attorney gurjit is the best lawyers in stockton, I was so down and don’t know what to do when i found out about my situation and attorney gurjit was the answer of my prayers.
    Gurjit is a very good lawyer, he gets everything done on time and is very responsible. I would recommend his to anybody who is looking for a great lawyer.
    First of all, he explained everything that I was to expect in court. He told me what to say and what not to say, and made me feel very at ease.
    I was very happy the first time we talked over the phone. Mr. Srai was very positive from start to end. He let kept me informed the whole way through. Srai was my blessing.
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    He was very knowledgable and knew exactly what we needed for court. It was nice not getting the run around, or having to return back to court for missing documents or information. He really knows his stuff!
    I recently got a third dui I called around other lawyers and none were as helpful as gurjit as soon as I called him and explained what happened he was very helpful since the first call I made him talking to him.
    Always kept my case and matter top priority. Handled everything properly and has great work ethics. Very knowledgable and courteous. Great lawyer and person over all.
    I had a DUI back in 2005. I had always wanted to get my record expunge,but didn’t know where or how to begin. I explained my situation to a mutual friend; he then referred me to Mr. Srai.
    He is a great attorney and has helped me alot. I would recommend him. He has also helped my friends..
    I am a truck driver and my DL was very important because that was the main support for my family and I. Gurjit helped me throughout the process and was very supportive.
    Gurjit Srai,the most greatest attorny i’ve ever met! He won my case of full child custody. He did an outstanding job! If you’ re looking for a trustworthy,knowledgeable and responsible attorny,pick Gurjit Srai!
    I worked with him About 3 months ago, He helped me at his level best. Very Friendly and Polite. A+++++++++++++++++
    I was really happy with Gurjit Srai’s service. He helped me with my restraining order. He really worked with me to get ready for the court. Whenever I had question’s about the case, he was always there to answer them.
    Took care of my case nice and efficiently. Kept me informed at all times and got my fines reduced significantly. I would greatly recommend this lawyer to anyone looking for one and is a bit short on cash.
    Gurjit srai is an excellent lawyer and he helped me get my dui charges dropped. I didnt have to go to court at all, he did everything for me. He is very friendly and is easy to contact.
    Gurjit has been very professional and honest in advising us. Very prompt and precise.Even in future I will be calling him if I would be in need of an attorney.
    Gurjit Srai did an excellent job in my case. It was always easy communicating with him despite being in a different country. He helped to calmly and realistically go through all my options.
    In meeting Gurjit, impressed with his manners as a gentleman,Foremost he was very professional,his office environment was calming;Gurjit made me feel very secure, in speaking with him about my case.
    Usually an attorney focuses on just one aspect of the law. However, Gurjit Srai does it all! I have been researching attorneys all over California to find out which had the best results and Gurjit was the best by far.
    Made are case very easy and explained everything in great detail. We were extremely satisfied with his service and his attention to detail.
    Gurjit deserves 5 stars. He earned it by winning our trust. Would definitely refer him in future and to my friends and relatives.
    I would like to start by explaining my case. I was involved in a DUI incident on December 24, 2010. I was scheduled to appear in court in March of 2011. In between the arrest date and the court date, you are given a notice of suspension.
    I hired Mr. Srai to handle my dui case this year. I received this in the county in which he resides and practises, i live in another county. He made a couple trips to my location.
    Mr. Srai was extremely prompt and verfy informative when it came to my case! Some say the best way to reach me is by this way or that..in my case, it started with an email and ended with a phone call.
    When convicted of a DUI gurjit helped me get a dry reckless, his mellow yet determined attitude kept me calm and confident in my case, so calm a confident that i was minutes late to my appointment at court!
    Mr. Srai helped me reduce the inconvenience of taking my license for a year and 450 dollars to 24 hours of community service. He was vey nice easy to get ahold of and knows how to do his job very well
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