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Benefits to bankruptcy's 'automatic stay'

Reclaiming your financial security is one of the most common reasons why people opt to file for bankruptcy. There are other benefits that occur when you file. One of these is the automatic stay. Many people who file bankruptcy find this order to be one of the most pleasant things that happens when their case is started.

The automatic stay means that creditors can't try to collect money from you. They can't call you to ask about payments or send you mail to try to collect. This means that you can answer your phone or head to the mailbox without having to fear what's there.

On top of stopping your creditors for contacting you, there are some other temporary measures that might benefit you. For example, this can prevent your utilities from being disconnected for a little while. You might also be able to stop an eviction or prevent foreclosure. Even wage garnishments can stop because of the automatic stay.

An automatic stay doesn't stop everything. You will still owe child support and might have some tax proceedings that continue on. You must also repay loans from your pension and answer to any criminal cases.

You should also know that creditors might be able to petition the court to lift the stay. This doesn't always happen, but you should be prepared for the possibility. Typically, this is only done if the creditor can prove that you don't have a way to repay what you owe. It may be difficult to think about this happening, especially when you know you don't have money to put on the bill.

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Schwartz Bankruptcy Law Center

Office Locations:

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3339 Taylorsville Road
Louisville, KY 40205

Phone: 502-785-8549
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