Automatic Stay, the Basics
A San Jose Bankruptcy Attorney comments on the Automatic Stay
As a San Jose bankruptcy attorney, I'd like to simply cover the basics for you on the automatic stay. What is the automatic stay? What’s its purpose?
Once a debtor files their bankruptcy petition they gain a powerful shield against creditors-the automatic stay-which prevents creditors from collecting their debts while the stay remains in effect. Consequently, all proceedings to garnish wages, repossess cars, and foreclose homes will cease.
There are, however, a few exceptions. Specifically, collection of child support, alimony, and certain enforcement actions by the IRS may proceed. In addition, if a debtor has had a bankruptcy case dismissed in the previous year the stay will expire sooner. An experienced bankruptcy attorney can provide valuable insight into how the automatic stay can protect you while you file for bankruptcy!
If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you. Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs. Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.
