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 bankruptcies. Regrettably, Las vegas can be viewed as the Bankruptcy capital of the US. 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. When filing 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 attempt to collect debts which you presumably owe. Carry on 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 non permanent. The creditor’s can be able to reposess your car if they decide to file a request to lift the automatic stay. Declaring bankruptcy can stop the foreclosure sale of your property. Again, with a chapter 7 bankruptcy, this is temporary. A chapter 13 bankruptcy can afford you more protection in case your goal is to stop a foreclosure sale. Declaring 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 individual filing for bankruptcy. 3. The debtor receives the discharge. This happens during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is temporarily halted. After the debtor receives 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 financial affairs together, supply you relief from bothering calls from creditors, and stop the garnishing of your salary. However, remember in the case of a chapter 7 bankruptcy these results are only short-term. As a Las Vegas Bankruptcy Lawyer I’m versed in working with both Chapter 7 and Chapter 13 bankruptcies. Regrettably, Las vegas can be viewed as the Bankruptcy capital of the US. 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.