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Will Filing Bankruptcy Stop ALL Lawsuits?

Personal Bankruptcy – Brevard County

Bankruptcy Attorney Melbourne Florida

If you have lawsuits filed against you, it may be time to consider filing a personal bankruptcy case. A personal bankruptcy case can be an effective way to eliminate certain collection lawsuits. However, it is important to understand that not all types of litigation are halted or eliminated in a Chapter 7 or Chapter 13. Below are a few examples of suits that are not stopped by your filing:

Family law matters

When you are involved in a case that involves a determination of child support, spousal support, or the establishment of paternity, your bankruptcy filing usually will not stop the family law court from proceeding with its case.

Criminal proceedings

Filing for bankruptcy protection cannot halt a criminal proceeding. However, if the charges against you include a debt that is related to your criminal charges, that portion of the case against you may be halted by the automatic stay.

Tax proceedings

The law provides that the Internal Revenue Service (IRS) has the ability to continue pursuing certain audits, issuing tax deficiency notices, demanding tax returns, or issuing tax assessments against a debtor in bankruptcy. The automatic stay will prevent the IRS from issuing tax liens, repossessing property, or seizing your income will your bankruptcy case is pending.

Pension loans

A debtor is allowed to have funds withheld from his or her wages to repay a loan from certain types of pensions.

If you are planning to file a bankruptcy case and you have lawsuits or forms of legal proceedings filed or pending against you, contact us to discuss what will or will not be affected by the automatic stay. We can review all of the cases pending against you and make sure you understand what your bankruptcy filing will mean in each matter. We can also confer with the other parties involved if necessary so everyone is on the same page regarding your case.

Speak with an experienced Attorney at Faro & Crowder, PA 321-784-8158

The above are just a few examples of the types of legal proceedings that are not halted by the automatic stay. If you are interested in learning more about how a bankruptcy filing will impact your debt or the lawsuits pending against you, contact Faro Crowder, PA to schedule an appointment.  Our office is located in Melbourne, Florida.  We serve all of Brevard County and the Space Coast with Bankruptcy and Debt Relief services.

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Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.

Will my bankruptcy halt all lawsuits?

If you are facing collection lawsuits, filing a Chapter 7 or Chapter 13 bankruptcy can be an effective way to stop the litigation from proceeding. However, there are certain types of lawsuits that are not halted by a personal bankruptcy filing. Generally speaking, a suit that is seeking the recovery of money is stopped when your case is filed.

Bankruptcy Halt Lawsuits | Melbourne and Palm Bay, Florida

Bankruptcy Attorney serving Palm Bay, Florida

Below are a few examples of proceedings that are not stopped by your bankruptcy:

Family law matters

If you are involved in a lawsuit regarding child custody, child support, spousal maintenance, or to establish paternity, a bankruptcy filing will not stop the proceedings. It should be noted that you cannot discharge or cancel your obligation to pay child support in a bankruptcy case.

Criminal law proceedings

If you have been arrested or convicted of a crime, any criminal actions against you will proceed. However, if there a monetary claim in relation to the criminal matter, it may be halted by your bankruptcy filing.

Tax proceedings

The Internal Revenue Service (IRS) is allowed to continue with conducting an audit, issuing tax deficiency notices, making demands for tax returns, or issuing tax assessments against you while you are in bankruptcy. The IRS cannot issue a tax lien, seize your assets, or seize your income while your personal bankruptcy case is pending.

If you have a litigation or other forms of legal proceeding filed against you and you are interested in learning how filing a Chapter 7 or Chapter 13 could impact them, contact our knowledgeable bankruptcy lawyers for the advice and guidance you need. We will review your individual circumstances and help you understand what the automatic stay will halt and what it will not stop.

Contact a Bankruptcy Attorney at Faro & Crowder, PA today

Call us today to schedule your free initial bankruptcy consultation. Our office is located in Melbourne, Florida on Sarno Road. We proudly serve individuals and businesses in Palm Bay, Viera, Cocoa, Rockledge, Cocoa Beach, Merritt Island and other parts of the Space Coast and Brevard County.

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