What is an automatic stay in connection with a bankruptcy petition?
By: LawInfo
An automatic stay is legal mechanisim which automatically stops lawsuits, foreclosures, garnishments, and all collection activity against a debtor the moment a bankruptcy petition is filed.
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Additional Creditor Harassment FAQs
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Q:
Will filing for bankruptcy stop collection efforts?
A: This answer depends upon the type of creditor that is after you. When filing for bankruptcy an “automatic stay” goes into effect. The automatic … More -
Q:
Can A Creditor Object To A Debt Being Discharged?
A: Yes. A creditor may object to the discharge of a debt in Chapter 7 bankruptcies. The creditor has the burden to prove that the debt should not be discharged by … More -
Q:
How Can My Car Be Repossessed?
A: Your car may be repossessed by the owner of your auto loan if that creditor has a security interest in your car. Most creditors who issue car loans issue the … More -
Q:
What Can I Do If A Creditor Keeps Trying To Collect Money After I Have Filed Bankruptcy?
A: If a creditor continues to attempt to collect a debt after the bankruptcy is filed in violation of the automatic stay, you should immediately notify the creditor in … More -
Q:
Will I receive Notice Before My Car is Repossessed?
A: Most states require that your creditor provide you with notice before your car is repossessed. While the exact requirements of the notice differ from state to … More -
Q:
I Am Involved In A Short Sale Situation With My House And The Lender Wants Me To Sign A Promissory Note For The Difference – Will I Be Able To Discharge This Note In Bankruptcy.
A: This is a common tactic by lenders in a short sale situation. However, if you sign the note then try to file for bankruptcy shortly thereafter, you may have a … More -
Q:
What is Redemption?
A: Redemption is a legal term that describes a debtor’s action of reclaiming collateral that a creditor took legal possession of pursuant to the terms of a secured … More
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