Automatic Stay

Tampa Bay Bankruptcy and Debt Relief Attorney

Filing of the bankruptcy petition brings into effect an automatic stay against your creditors from trying to collect the debt from you. The stay remains in effective till your case is over - either you are discharged or your discharged is denied or you withdraw your case. Sometimes, the bankruptcy court may on request of a creditor release the stay. In Chapter 7, the stay generally continues till discharge while in Chapter 13 the stay generally continues till completion of the payment plan. If you are located in Pinellas County or Tampa Bay, a Clearwater bankruptcy lawyer can help you file for bankruptcy.

Automatic Stay

Automatic Stay Benefits

If you file for bankruptcy in Florida under either Chapter 7 bankruptcy or Chapter 13 bankruptcy, there is an automatic stay which means that you are safe from your creditors and they cannot:

  • Try to bring a claim against you
  • Try to enforce a judgment against you
  • Try to gain property from you
  • Try to create, protect or enforce any sort of lien against you
  • Try to collect debts from you

Automatic Stay Does Not Apply

If they indulge in any of these activities, then they are liable for damages. To avoid problems, make sure you give notice of your bankruptcy filing to all your creditors so that they become aware of the stay. This stay will also operate against foreclosures. This stay will not protect you against:

  • criminal proceedings
  • family support obligations
  • losing a license
  • creditors collecting from property that is not part of your estate
  • the interception of a tax refund
  • tax audits, being given notice of tax deficiency, demands for tax returns, or demands for payment of taxes (this only works on taxes that are not discharged).

Debtors based in the Tampa Bay should consult a Clearwater bankruptcy lawyer for the best bankruptcy advice on finding out more about the Automatic Stay and the steps to filing bankruptcy. To learn more about the Automatic State, check out the US Code from the Cornell Law School.

Contact the Coleman Law Group, an affordable bankruptcy lawyer, to help you avoid unmanageable debt. Contact us at 727.214.0400 for a Free bankruptcy consultation.

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