WHAT IS THE “AUTOMATIC STAY” IN BANKRUPTCY?

Under bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362, the stay begins at the moment the bankruptcy petition is filed. Secured creditors may, however, petition the bankruptcy court for relief from the automatic stay upon a showing of cause. More information on stopping creditor harassment can be found at www.dlblaw.com

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WHAT IS THE “AUTOMATIC STAY” IN BANKRUPTCY?

Under bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362, the stay begins at the moment the bankruptcy petition is filed. Secured creditors may, however, petition the bankruptcy court for relief from the automatic stay upon a showing of cause. More information on stopping creditor harassment can be found at www.dlblaw.com .

WILL BANKRUPTCY WIPE OUT ALL MY DEBTS?

Yes, with some exceptions. Utah Bankruptcy will not normally wipe out:

(1) money owed for child support or alimony, fines, and some taxes;
(2) debts not listed on your bankruptcy petition;
(3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
(4) debts resulting from ‘‘willful and malicious’’ harm;
(5) student loans, except if the court decides that payment would be an undue hardship;
(6) mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).

I recommend that you consult with an experienced Utah Bankruptcy Lawyer to determine what your risk and liabilities may be if you file for bankruptcy protection.

HOW LONG AFTER FILING BANKRUPTCY WILL THE CREDITORS STOP CALLING?

Once a creditor or bill collector becomes aware of a filing for bankruptcy protection, it should immediately stop collection efforts. After you file the bankruptcy petition, the bankruptcy court mails a notice to all the creditors listed in your bankruptcy schedules. This usually takes a couple of weeks.
Creditors will also stop calling if you inform them that you filed the bankruptcy petition and supply them with your case number. In some cases, you or your attorney should contact the creditor immediately upon filing the bankruptcy petition, especially if a law suit is pending. If a creditor continues to use collection tactics once informed of the bankruptcy they may be liable for court sanctions and attorney fees for this conduct.  For more information on Utah Bankruptcy visit us on the web at www.dlblaw.com.