The Automatic Stay

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The second you file a bankruptcy case, creditors are ordered to stop collecting debts immediately. The order staying debt collection takes effect automatically. You do not have to wait to go to court. The mere filing of the petition triggers the order called the automatic stay. Your bankruptcy filing give you immediate relief from collection calls, utility cut offs, foreclosures, repossessions, garnishments, law suits – almost every attempt to collect a debt.

If a creditor violates the automatic stay, it can be sanctioned by a bankruptcy judge. The judge may order the creditor to pay punitive damages and attorney fees. If a creditor makes a practice of violating the stay, they could end up paying for a big class action suit. Therefore creditors take the automatic stay very seriously. They are not liable if they did not get notice. The bankruptcy court mails out notices based on the address you list in your bankruptcy forms. You should make sure you have an up to date address. In an emergency, you or your attorney can deliver notice of the bankruptcy filing to the creditor.

The automatic stay covers more debts than a discharge.

The automatic stay is in effect for the duration of the bankruptcy. At the end of a bankruptcy, you receive a discharge. The automatic stay covers more debts than a discharge. For example, student loans and some taxes cannot be discharged but collection of them is stayed while the bankruptcy is active.

A creditor can ask the bankruptcy court to lift the stay “for cause”. A judge will lift the stay for a mortgage company or car company if payments are not being made or the property is not insured. In a Chapter 7 you have to stay current on these loans. In a Chapter 13, you have to make payments through the plan. You will get a month’s notice before the stay is lifted.

If you filed a bankruptcy in the last year and it was dismissed without discharge, the stay will only be in effect for a month if you file a new case. To make it permanent, you have to show the bankruptcy court that your second case was in good faith. In a third case the stay does not take effect and you have to show that is should in a month.

Contact our experienced Tacoma bankruptcy attorneys for a FREE consultation!

The bankruptcy attorneys in Washington State from our law firm will help guide you through the entire process. Call us for your first free attorney consultation, get your questions answered, and obtain the bankruptcy protection you’re entitled to!

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