A Las Vegas Attorney Gives Guidelines on Filing For Bankruptcy
As a Las Vegas Lawyer I’m versed in working with both Chapter 7 and Chapter 13 personal bankruptcies. Unfortunately, Vegas can be considered the Bankruptcy capital of the US. So, before considering filing for a Las Vegas Bankruptcy you need to know what bankruptcy can do for you. This post is a brief essay about the automatic stay in Bankruptcy. Upon filing bankruptcy, as a debtor, an automatic stay is introduced. What an automatic stay prohibits lenders from doing certain actions. For instance, once bankruptcy is filed a creditor can not due the following: Commence or continue a court action towards you in any attempt to collect financial obligations which you allegedly owe. Continue with any collection calls. Once personal bankruptcy is filed a collection agency must cease and desist all attempts to collect any alleged debts. All repossessions must stop. Please note 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-term. 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. Once again, with a chapter 7 personal bankruptcy, this is temporary. A chapter 13 bankruptcy can afford you more protection if your goal would be 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 is associated with the person declaring personal bankruptcy. 3. The debtor receives the discharge. This happens during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is briefly stopped. After the debtor receives a discharge a creditor is then free to purse repossession and foreclosure on the debtor’s residence. So, with an automatic stay, a personal bankruptcy can allow you to get your financial affairs together, provide you relief from harassing calls from creditors, and cease the garnishing of your salary. But, keep in mind in the case of a chapter 7 bankruptcy these outcomes are only short-term. As a Las Vegas Bankruptcy Lawyer I’m versed in working with both Chapter 7 and Chapter 13 personal bankruptcies. Unfortunately, Vegas can be considered the Bankruptcy capital of the US. So, before considering filing for a Las Vegas Bankruptcy you need to know what a bankruptcy does. This post is a brief essay about the automatic stay in Bankruptcy.