Bankruptcy Basics: The Benefit of the Automatic Stay

TRI Writer • July 24, 2019

No one deserves to be afraid to answer their phone or check their mail or open their front door to an unexpected arrival. If creditors are harassing you, you will be relieved to know that there is a way to put a stop to the harassment. Bankruptcy is a legal process put in place by America’s founding fathers to protect people just like you from this exact problem. One of the most immediately apparent benefits is the automatic stay that goes into effect immediately upon filing your bankruptcy petition with the court.

How Does the Automatic Stay Benefit Tennessee and Georgia Bankruptcy Petitioners ?

  1. Stops vehicle repossessions
  2. Stops the eviction process
  3. Stops the foreclosure process
  4. Stops collector calls, letters, etc.
  5. Stops wage garnishment
  6. Stops the disconnecting of utilities
  7. Stops limited tax actions

The automatic stay is designed to offer relief to debtors who are in the process of filing for bankruptcy. As soon as the bankruptcy petition is filed with the court, the automatic stay goes into place. Creditors and collectors are alerted of the bankruptcy filing, and the vast majority of collection action must immediately halt. The basis of the automatic stay is simple. Once you file for bankruptcy, most all creditors have to leave you and your stuff alone. they can’t sue you; call you; send you messages; continue automatic drafts; or foreclose or keep your car that was just repossessed. There are a fair number of narrow exceptions that do apply so you need to stay in touch with your qualified consumer Bankruptcy Lawyer specialist to see if they fit within the narrow exception. if not, then they are responsible to pay your damages and attorney fees for defending against these stay violations.

If creditors are harassing you and you need help, please get in touch with the law offices of Kenneth C. Rannick P.C. Our Tennessee and Georgia Bankruptcy Lawyers have the knowledge and experience to help you get on the road to recovery.

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