One of the greatest benefits of filing for bankruptcy is the automatic stay. The automatic stay is a court order that stops collection efforts and most civil lawsuits related to debt. Even if the stoppage is temporary, it gives you breathing room to determine your next move. Florida bankruptcy attorneys explain the bankruptcy process to you and help you understand the benefits of the automatic stay.
If you have questions about current eviction and foreclosure restrictions due to COVID-19, contact a Florida bankruptcy attorney to discuss your situation.
Unfortunately, some collection efforts won’t be affected by the automatic stay. For example:
There are also limits regarding what the automatic stay can do if you’ve previously filed for bankruptcy within the last year. To learn more about how the automatic stay works if you’ve filed for bankruptcy more than once, check out this information from Nolo.com.
No. The automatic stay is a temporary measure that gives the court time to assess your debts. In some cases, the court grants a discharge of the debts. This means your legal obligation to repay the debt is eliminated, which is permanent.
In other bankruptcy cases, creditors can resume collections if they file a successful motion to lift the automatic stay. In most cases, these motions are related to mortgage debt, rent, or a lawsuit in another court. For the motion to be granted, the creditor must show they will lose money if the automatic stay remains in place and that the granting does not hurt other creditors.
If you’d like to know more about the benefits of the automatic stay and how it could help you deal with your financial issues, we can help. Contact the Law Office of Robert M. Geller at 813-254-5696 to schedule a free consultation.
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