What is The Automatic Stay?

Bankruptcy & the Automatic Stay

Counsel from a Gainesville Bankruptcy Attorney

Often referred to as one of the most significant advantages of bankruptcy, the automatic stay is responsible for stopping all creditor action against you. It has the power to protect much of your property and valuable assets. To take advantage of the automatic stay, consult with a Gainesville bankruptcy lawyer. My firm can help you determine if bankruptcy is the right choice for you and how the automatic stay may work in your favor.

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What actions can the automatic stay prevent?

The automatic stay goes into effect the moment you file for either Chapter 7 or Chapter 13 bankruptcy. Depending on the chapter you file under, the automatic stay can impact your circumstances in a variety of different ways.

The automatic stay directly prevents the following:

  • Utility disconnections are prevented for at least 20 days by the automatic stay
  • Foreclosure is temporarily stopped by the automatic stay and can prevent homeowners from losing their home
  • Collection of overpayments of public benefits is banned when the automatic stay goes into effect
  • Multiple wage garnishments are completely forbidden thanks to the automatic stay

The automatic stay does not prevent certain things, such as support lawsuits, criminal proceedings, and loans from a pension. In other cases, a creditor may be able to petition the court to remove the stay. This option, however, is only used in very specific cases.

Bankruptcy can be confusing and many people feel ashamed to ask for help. In reality, seeking out the assistance of a professional is one of the best things you can do. When your property is on the line, you can never exercise too much caution. I would be honored to devote my experience as a bankruptcy attorney to your case!

Get in touch with my firm today for personal representation in Gainesville and beyond.

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