Consumer and business debtors gain protection from the bankruptcy automatic stay.
The bankruptcy automatic stay is one of the most important protections in the bankruptcy law. Once a petition is filed by a debtor, the automatic stay is immediately in place. This means all collection activity must stop, and a creditor may be punished for ANY collection activity that occurs, even if they did not have notice of the petition. Here are some of collection actions protected by the automatic stay:
- Initiation of Debt Collection Lawsuits
- Mortgage Foreclosures
- Debt Collection Lawsuits already in-progress
- Garnishment Actions
- Debt Collection Phone Calls
- ACH on any account
This feature gives you a much-needed break from stressful and harassing phone calls. The automatic stay continues until the bankruptcy is completed, relief from the stay is granted to a particular creditor, or the debtor receives a discharge. Violations of the automatic stay can result in substantial penalties for creditors, including damages for emotional distress and punitive damages.
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Money problems are not a sign of failure or weakness—you can use bankruptcy to help recover when your finances are out of control. Contact a bankruptcy lawyer at Rosenberg, Musso & Weiner, L.L.P., located in Brooklyn, New York. Call Our Office at (718) 855-6840 or (800) 297-6840 or complete our online contact form to give our bankruptcy lawyers more information about your individual finances.
Visit our FAQs page if you have questions about bankruptcy.