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Common Concerns & Questions About Bankruptcy

What can an automatic stay accomplish during bankruptcy

| Dec 14, 2018 | Chapter 13 |

If you are struggling to pay back your debts, you may have to deal with bothersome creditors and bill collectors. Additionally, you may be worried about keeping their homes and keeping the lights turned on during this difficult time. Fortunately, bankruptcy may allow you to have some peace of mind due to an automatic stay that kicks in as soon as you file.

An automatic stay essentially keeps creditors and bill collectors at bay for a certain period of time. For instance, the automatic stay can require the utility company from turning off your gas, electricity, or water for a minimum of 20 days.

Automatic stays can also stop a bank from foreclosing on your property temporarily. However, once the stay is lifted, the bank can continue its proceedings. Filing for Chapter 13 bankruptcy may be one way to get to keep your house. If you are renting, a landlord may try to evict you for failing to pay rent. If your landlord has a wrongful possession judgment against you, ordered by the court, the automatic stay cannot stop the eviction process. However, if your landlord has not started eviction proceedings yet, the automatic stay can allow you stay in your home for a few extra weeks.

The automatic stay can also stop an agency from collecting any overpayment of government benefits and stop any garnishment of wages until the stay is lifted.

While an automatic stay can give you some breathing room as you get back on your feet financially, it may not help in all situations. Discuss your case with an attorney in Texas to find out if bankruptcy is the best option for you.