What Is Automatic Stay And How Can It Help Me?
Automatic stay is the magic bullet of the bankruptcy code. Once you file bankruptcy—either Chapter 7 or Chapter 13—automatic stay prohibits all of your creditors from taking any action to collect debt from you. This means that creditors can’t call you on the phone, repossess your car, garnish your wages, levy your bank accounts, or file a lawsuit against you—and if a lawsuit is ongoing, it stops (this includes foreclosures).
Automatic stay continues in place while your bankruptcy case is pending (Chapter 7) or as long as you continue to make your plan payments (Chapter 13). If creditors take any action against you while you are under bankruptcy protection, the bankruptcy code allows you to file a motion against that creditor for violation of the automatic stay and to request an award of compensatory damages, punitive damages, and attorney fees from that creditor.
If you are being sued or harassed by creditors, maybe it’s time to talk to an Atlanta bankruptcy attorney about your options. As the premier Atlanta bankruptcy firm, The Ballard Law Group can evaluate your individual situation and advise you as to whether a Chapter 7 or Chapter 13 bankruptcy proceeding would be in your best interests. Call us today at 404-220-9906 to schedule your free initial consultation at either our Atlanta or Lawrenceville office.
The content of this website is for informational purposes only and does not, nor is it intended to, create an attorney-client relationship between The Ballard Law Group and the viewer. Bankruptcy is a complex area of law and it is strongly recommended that you consult an Atlanta bankruptcy attorney for advice regarding your individual situation.