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What is an Automatic Stay?

Transcription:
00:00 [Music]00:03 hi my name is Robert Geller and my law
00:07 firm is the lost Robin M Geller PA we
00:10 are a consumer bankruptcy firm and today
00:14 I want to talk to you about the
00:17 automatic stay what is the automatic
00:20 stay so when we file a bankruptcy for a
00:23 client
00:25 automatically we get a stay what does
00:29 that mean that means that the creditors
00:32 have to stop everything that they’re
00:34 doing they gotta stop their garnishment
00:37 they gotta stop their foreclosure they
00:40 gotta stop their lawsuits they can’t
00:42 bother you anymore the creditors have to
00:45 stop calling you as soon as I push that
00:48 button electronically and file your case
00:51 they have to stay that’s called an L
00:54 that automatic stay that’s in Section
00:56 362 of the Bankruptcy Code
00:58 what can creditors do about the
01:00 automatic stay well they can ask the
01:02 Bankruptcy Court for permission under
01:05 certain circumstances what for relief
01:08 from this day but before they get that
01:11 relief they gotta file a motion go to
01:14 court and only under certain
01:16 circumstances can they get that relief
01:18 from the automatic stay generally the
01:20 automatic stay applies throughout the
01:22 entire case and what that really means
01:26 is let’s say you’re getting a
01:27 garnishment once the bankruptcies filed
01:30 the creditor actually has a duty to tell
01:34 the court the state court that’s
01:36 garnishing your wages that a bankruptcy
01:39 has been filed and they have to get that
01:42 garnishment taken off of your wages so
01:45 that you could continue to get your
01:46 wages and then when the bankruptcy goes
01:48 through that they can no longer garnish
01:51 your wages ever again because you’ll at
01:54 that point get a bankruptcy discharge
01:56 prohibiting the creditor from ever
01:59 collecting from you or ever trying to
02:02 get any money so an automatic stay is
02:05 just that as soon as the case is filed
02:07 it automatically goes into a into
02:10 play I am Robert Geller and I want to
02:13 help you build a brighter future so give
02:15 us a call thank you
02:17 [Music]

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23526 State Road 54
Lutz, FL 33559
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At the Tampa Bay law firm, the Law Offices of Robert M. Geller, P.A., we help people with consumer bankruptcy matters in the Tampa Bay-St. Petersburg,  Florida communities such as Clearwater,     St. Petersburg, Tampa, Thonotosassa, Riverview, Lutz, Plant City, Brandon, Carrollwood, Wesley Chapel, St. Petersburg Beach, Lakeland, Mulberry, Dade City, Pinellas Park, Largo, Seminole, Odessa, Oldsmar and Lithia, and counties such as Hillsborough County, Pinellas County, Pasco County, Polk County and Manatee County.