Automatic Stay

What Is an Automatic Stay?

When you are being threatened with wage garnishment, vehicle repossession or even foreclosure on your home mortgage, it is easy to feel helpless. After all, your creditors have a legal right to take action to recover payment on the debts you owe, and if you have gone into default on your loans you are liable to these types of consequences. Fortunately, there is a powerful step you can take to defend your assets and your finances against the threats from your creditors and debt collectors. You can file for bankruptcy and thereby protect yourself with an automatic stay.

The automatic stay is an injunction which legally prohibits creditors from pursing adverse action against a debtor who is in the process of declaring bankruptcy. As soon as you file your Chapter 7 or Chapter 13 petition with the bankruptcy court, you will be protected by this injunction and will immediately be able to enjoy relief from the stress and worry you may now be experiencing.

This is a remarkable action as it provides peace of mind for individuals and families in need, given that it has the power to stop:

  • Wage garnishment (with the exception of certain types of garnishment such as for unpaid child support)
  • Repossession of an automobile or other property which serves as collateral on a secured loan
  • Home foreclosure
  • Execution of other types of property liens
  • Eviction, provided that the landlord has not yet obtained a dispossessory court order

Get an Automatic Stay Now

An automatic stay will remain in effect for the duration of a bankruptcy case, whether the case is closed, dismissed, or if it proceeds all the way to the date when you experience the relief of discharging your debt. If you are ready to take effective action to stop creditor harassment and the threat of losing your possessions over bad debt, contact me now at the Cherney Law Firm LLC to learn more about how I can help as your Marietta bankruptcy attorney and to get started on your case!

Contact US

You may call us directly at 770-485-4141, or you can fill out the form and we will contact you. Feel free to ask us any questions that you might have. Make sure to indicate whether you would like an e-mail or a call back

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