CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What is an Automatic Stay?

Transcription:
Uh,

Hi, my name is Robert Geller and, um, my law firm is the law office of Robert M Geller, PA. We are a consumer bankruptcy firm, and today I want to talk to you about the automatic stay. What is the automatic stay? So when we file a bankruptcy for a client automatically, we get a stay. What does that mean? That means that the creditors have to stop everything that they’re doing. They got to stop their garnishment. They got to stop their foreclosure. They got to stop their lawsuits. They can’t bother you anymore. The creditors have to stop calling you. As soon as I push that button electronically and follow your case, they have to stay. That’s called an automatic stay. That’s in section three 62 of the bankruptcy code. What can creditors do about the automatic state? Well, they can ask the bankruptcy court for permission under certain circumstances.

What, uh, for relief from this day. Um, but before they get that relief, they gotta file a motion, go to court. And only under certain circumstances, can they get that relief from the automatic stay? Generally the automatic stay applies throughout the entire case. And what that really means is let’s say you’re getting a garnishment. Once the bankruptcy is filed, the creditor actually has a duty to tell the court, the state court that’s garnishing your wages that a bankruptcy has been filed, and they have to get that garnishment taken off of your wages so that you can continue to get your wages. And then when the bankruptcy goes through, they can no longer garnish your wages ever again, because you’ll at that point, get a bankruptcy, discharge, prohibiting the predator from ever collecting from you or ever trying to get any money. So an automatic stay is just that as soon as the case is filed and automatically goes into, into play, I am Robert Geller and I want to help you build a brighter future. So give us a call. Thank you.

Tampa Bankruptcy Law Blog

How Does Claiming Bankruptcy in Florida Affect Your Children?

Claiming Bankruptcy in Florida Understanding how claiming bankruptcy in Florida affects your children is an important part of determining whether...
Read More

Claiming Bankruptcy in Florida: What Happens When You File for Bankruptcy and Your Spouse Does Not?

Claiming Bankruptcy in Florida You already know how much the things you do affect your spouse when you are married....
Read More

Should You Pay Back What You Owe Loved Ones Before You File for Bankruptcy?

Florida Bankruptcy Laws It’s common for people who are struggling financially to turn to their friends and family for help....
Read More

Bankruptcy and Family Law: Does Filing Affect the Child Support I Pay or Receive?

Bankruptcy and Family Law If you’re like many people, the well-being of your children is your most important priority. Struggling...
Read More

5 Tips for Overcoming the Emotional Toll of Bankruptcy

Florida Bankruptcy Attorney Getting through the bankruptcy process is about more than just improving your finances. Working with a Florida...
Read More

Bankruptcy and Divorce: The Far-from-Perfect Storm

Bankruptcy and Family Law Bankruptcy and divorce separately are two of the most stressful events you can experience in your...
Read More

Does the Pandemic Have You in a Holding Pattern? Here’s How to Know When to File for COVID Bankruptcy

COVID Bankruptcy If you’re struggling to make ends meet and you feel as if your life is on hold because...
Read More

Will Your Favorite Retailer File for Business Bankruptcy in 2021?

Business Bankruptcy 2020 was a tumultuous year and many of the financial challenges caused by the pandemic are expected to...
Read More

Boosted and Extended Benefits Keeping Unemployed Afloat – But For How Long?

Unemployment Benefits Were you one of the millions of people who ended up out of a job and using unemployment...
Read More

Should Bankruptcy Laws Be Adjusted Because of COVID-19?

Bankruptcy Laws The COVID-19 pandemic brought a lot of changes throughout 2020 and many are expected to continue into 2021...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo avvo1 avvo2 avvo3 LEA BBB Logo RG Seal

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions