The Law Office of Douglas J. Powell, P.C.
Helping Clients Throughout The Austin Metro Area

What is an automatic stay in a Chapter 7 bankruptcy?

Whether you have already filed for bankruptcy or you are simply considering beginning the bankruptcy procedure, you might know what it is like to be inundated with harassing calls from creditors. Creditors in Texas and across the country often use a variety of measures to contact debtors in an attempt to retrieve owed funds. In addition to constant phone calls to your home, cellphone and work, you may get threatening letters in the mail. Ultimately, you may avoid answering your phone or stop getting the mail in order to bypass all of the negative creditor harassment.

The good news is that once you file your bankruptcy paperwork, the court will issue an automatic stay, according to U.S. Courts. Once an automatic stay is in place, creditors are unable to contact you regarding debt, garnish your wages or file a lawsuit against you for missing payments. Although this may provide much-needed relief from creditor harassment, an automatic stay may be temporary in some cases.

In order to have an automatic stay issued in your case, you must include a comprehensive list of all of your creditors along with your bankruptcy documentation. The stay is only issued to creditors that are mentioned. Keep in mind that all creditors are able to attend a meeting of creditors, in which they will be given the opportunity to ask the debtor questions and speak to the court-appointed trustee regarding the case.

This information is intended to educate but should not be taken for legal advice.


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