Articles Posted in automatic stay

As a bankruptcy lawyer, I get debt collector calls multiple times a day. When I file a bankruptcy for a client, my number becomes associated with all of that client’s collection accounts. So I get lots of calls verifying representation and validating debts and checking account numbers. Many times, creditors simply want to know our…

Timing matters in Chapter 13 bankruptcy. Just as important as knowing whether to file is knowing when to file. Issues surrounding the timing of the filing of a Chapter 13 bankruptcy can cause your case to be dismissed. When you must file quickly You must file your bankruptcy prior to a foreclosure auction or you…

If a creditor sues you on a debt, you should know that you can file bankruptcy to stop a lawsuit. A creditor may sue you for the debt on repossessed car, broken lease, or credit card. Or a former lender may sue you for a deficiency judgment from a foreclosure. An individual plaintiff may claim…

Creditors can be really annoying. Collection calls and correspondence can disrupt your life and cause unfortunate and unnecessary embarrassment. If you know that you’re about to file bankruptcy, you can relieve the pressure before you file. Lee Legal will take your collection calls up to two weeks before your bankruptcy filing. Bankruptcy stops collection efforts At the start…

In bankruptcy, a Motion for Relief from Automatic Stay (in short, an “MFRS”) is an attempt by a creditor to initiate or continue certain collection efforts. The Automatic Stay takes immediate effect in every bankruptcy case. The Automatic Stay prohibits creditors from undertaking any collection activities, including lawsuits, foreclosures, phone calls, garnishment, and repossession. A creditor may…

Bankruptcy solves all sorts of financial problems. But when you’re facing the choice of filing bankruptcy, it can be easy to see only the downsides. If you decide that bankruptcy is the best option for you, try to focus on the benefits instead. Most situations are not as bleak as they seem, and there is…

An adversary proceeding is a lawsuit filed within a bankruptcy case. Creditors, bankruptcy trustees, and other interested parties can file adversary proceedings in a bankruptcy, as can the bankruptcy filer. Bankruptcy offers both debtors and creditors finality in the adjudication of debts. An adversary proceeding is litigation in bankruptcy court to resolve the obligations of…

If you’re facing foreclosure proceedings, bankruptcy may be the last thing on your mind. But you should consider bankruptcy both your first option — and your last — if you are in foreclosure. One question I get asked all the time: Can Foreclosure Be Stopped Without Filing for Bankruptcy? Bankruptcy Stops Foreclosure Proceedings Chapter 13…

If you are behind on your rent, bankruptcy may a good option for you. In many situations, Section 362 of the Bankruptcy Code (the Automatic Stay) can stop your landlord from continuing eviction proceedings. In fact, bankruptcy stops eviction in almost every case, but not all. If your landlord has obtained a writ of possession,…

Which bankruptcy should I file? Chapter 7 is quick and easy, but Chapter 13 allows repayment of missed mortgage payments. Whether you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, the “automatic stay” goes into immediate effect. The automatic stay prevents your creditors from taking any steps to try to collect money from you. Both Chapter 7…