A Las Vegas Bankruptcy Lawyer Gives Guidelines on Filing For Bankruptcy
January 26th, 2012Being a Las Vegas Lawyer I’m versed in working with both Chapter 7 and Chapter 13 personal bankruptcies. Unfortunately, Las vegas can be considered the Bankruptcy capital of the United states. So, before considering a a Las Vegas Bankruptcy you need to recognize what bankruptcy can do for you. This post is a brief essay about the automatic stay in Bankruptcy. Upon declaring bankruptcy, as a debtor, an automatic stay is enacted. What an automatic stay forbids creditors from doing certain actions. For instance, once bankruptcy is filed a creditor cannot due the foregoing: Begin or continue a court action against you in any effort to collect financial obligations which you allegedly owe. Continue with any collection calls. Once bankruptcy is filed a collection agency must cease and desist all attempts to collect any supposed debts. All repossessions must stop. Please be aware that if you’re behind on payments, filing a Chapter 7 bankruptcy can temporarily stop the repossession of your car. But, the stay is only short-lived. The creditor’s can be able to reposess your car if they decide to file a request to lift the automatic stay. Filing bankruptcy can stop the foreclosure sale of your house. Again, with a chapter 7 bankruptcy, it is only temporary. A chapter 13 bankruptcy can afford you more protection in case your goal is to stop a foreclosure sale. Filing bankruptcy can stop the garnishment of your wages. This automatic stay can last until the following: 1. At the request of a creditor, the judge may lift the automatic stay. 2. The item of property no longer belongs to the person declaring bankruptcy. 3. The debtor gets the discharge. This happens during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is briefly stopped. After the debtor gets a discharge a creditor is then free to purse repossession and foreclosure on the debtor’s property. Therefore, with an automatic stay, a bankruptcy can allow you to get your economic affairs together, supply you relief from harassing calls from creditors, and stop the garnishing of your salary. But, remember in the case of a chapter 7 bankruptcy these results are only temporary. Being a Las Vegas Bankruptcy Lawyer I’m versed in working with both Chapter 7 and Chapter 13 personal bankruptcies. Unfortunately, Las vegas can be considered the Bankruptcy capital of the United states. So, before considering a a Las Vegas Bankruptcy you need to recognize what a bankruptcy does. This post is a brief essay about the automatic stay in Bankruptcy.