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Attorney to ensure that you get all benefits of automatic stay in bankruptcy

Bankruptcy is designed to help individuals and businesses facing overwhelming debt that they are unable to repay. It also provides a way to protect key properties, and also halts creditor harassment through Automatic Stay. It’s a legal provision which is designed to provide immediate relief to the filer by stopping all creditor harassment, including phone calls, visits, wage garnishments, and abusive behavior.   

The US Bankruptcy Code has provision of Automatic Stay, as it not only protects the debtors but also ensures an orderly bankruptcy process. Without Automatic Stay, the whole process can become chaotic, this is because if some creditors are more aggressive and abusive, they may collect their dues first, and others might receive nothing. Additionally, Automatic Stay also supports the broader economic system as it prevents individuals and businesses from collapsing under immediate pressure.   

  

Here are some of the key benefits of automatic stay:  

  

·         It immediately stops most creditor actions, including wage garnishments, foreclosure proceedings, and lawsuits.   

·         Another benefit of Automatic Stay is that it temporarily stops all creditor actions, providing the debtors with the opportunity to negotiate repayment terms or seek alternative solutions.   

·         The stay ensures that creditors follow a structured legal process, and ensures equitable distribution of assets among creditors.   

·         One of the key benefits of automatic stay is that it provides much-needed peace of mind to the debtor, so they can focus on financial recovery, rather than facing consistent aggressive behavior from the creditors.   

·         Automatic stay can temporarily delay eviction proceedings, and the filer gets time to address past-due rent, and also carry out negotiations with landlords.  

  

Exceptions to the Automatic Stay  

 

However, the automatic stay does not apply to all debts and legal actions. Exceptions include:  

  

·         Child support and alimony  

·         Criminal proceedings  

·         Certain tax debts  

·         Evictions  

  

Moreover, if a debtor has filed for multiple bankruptcies in a short period of time, the automatic stay may be limited to 30 days, or may not apply at all unless the federal bankruptcy court extends it. The pause allows individuals and businesses to manage their debts with consistent pressure from creditors eliminated.   

  

Automatic stay comes into force upon filing for bankruptcy under Chapter 7, Chapter 11, or Chapter 13. However, any mistake in the filing process could delay or prevent its enforcement. Moreover, some creditors may attempt to challenge the automatic stay, particularly in the cases of foreclosures or repossessions. A specialist bankruptcy attorney will not only enforce automatic stay but also ensure that you get all the benefits of automatic stay.   

  

Leveling the playing field   

Your specific bankruptcy situation can impact how Automatic Stay works. The attorney will ensure that you get the most benefits of automatic stay, and take an approach that works best in your case. Moreover, creditors may have their own legal team, an experienced bankruptcy attorney will level the playing field.  

  

In addition to helping you get the full benefits of automatic stay, your experienced bankruptcy attorney at Recovery Law Group will help you navigate the complex bankruptcy laws, and also ensure complete and accurate filing. They will also guide you to rebuild your finances after bankruptcy. If your creditors continue to harass you, and prevent you from getting the full benefits of automatic stay even after filing for bankruptcy, your Recovery Law Group’s lawyer will sue them for violating the provisions of the US Bankruptcy Code.    

 

 

 

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