LawSmart.com

What is an automatic stay in connection with a bankruptcy petition?

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.

Other Creditor Harassment FAQs

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: 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: 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