The Automatic Stay

Are you being harassed by creditors?

One of the biggest benefits of filing for bankruptcy is something called the automatic stay. Not only does it immediately stop any lawsuits filed against you, the automatic stay also stops most actions against your property by a creditor or collection agency. When your house is in risk of foreclosure, there is no greater relief than being granted a respite – this is what the automatic stay can offer for both Chapter 7 and Chapter 13 filings.

With the help of our Idaho bankruptcy attorney, you can determine exactly what the automatic stay will affect and how to move forward once it is enacted. Schedule your free consultation today!

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While the automatic stay doesn’t touch every financial emergency, it does have a bearing on several key areas. Some of the most common things affected by the automatic stay are:

  • Utility disconnections: Behind on a utility bill? The automatic stay can prevent the disconnection of your water, electric, or phone services for at least 20 days.
  • Foreclosure: The automatic stay will temporarily stop foreclosure actions, but the creditor often finds a way to more forward at some point.
  • Eviction: If you are facing threats of eviction, the automatic stay may be able to protect you for a few weeks, unless your landlord takes the issue up with the court.
  • Multiple wage garnishments: The second you file, wage garnishments must cease. Additionally, you may be able to discharge the debt in bankruptcy.

Things that may be exempt from the automatic stay include specific tax proceedings, child support or alimony actions, and criminal proceedings. Additionally, creditors have ways of getting around the automatic stay, which is why you need an aggressive legal advocate on your side.

Avery Law is here to ensure that your rights are upheld throughout the bankruptcy proceedings. We offer dedication and experience to each client, delivering more than 30 years of experience to every case. For the assistance you need throughout Boise, Idaho, call our firm now.