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automatic stay
A type of bankruptcy called Chapter 7 is intended for people and corporations who are unable to pay their debts. It is also referred to as a “liquidation bankruptcy” since the bankruptcy trustee sells the debtor’s assets to pay off their creditors. The fundamentals of Chapter 7 bankruptcy, including what it is, how it operates,...
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The thought of declaring bankruptcy can be intimidating, and many individuals worry that doing so will damage their credit or possibly cause them to lose their assets. However, declaring bankruptcy can have a lot of benefits that can help people get back on their feet and restore control over their finances. We’ll go through a...
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Personal Bankruptcy – Brevard County 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...
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A financial emergency may occur due to a sudden job loss or overwhelming medical bills.  When you are struggling to pay your bills and considering filing bankruptcy, it is important to understand which type of filing is best for you. In this blog, we’ll take a look at Chapter 7, Chapter 13 and breakdown how...
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One of the primary benefits of seeking bankruptcy protection is that the automatic stay stops all collection efforts against you. Once you have completed your case and obtained your discharge order, your dischargeable debts are eliminated and collectors are barred from taking any collection actions against you to recover the discharged debts. Unfortunately, this does...
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If you are tired of being harassed by relentless debt collectors and you are wondering how filing for bankruptcy can help, the answer is a protection afforded to debtors called the “automatic stay.” As soon as you file your personal Chapter 7 or Chapter 13 petition, the stay immediately goes into effect and prohibits further...
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If you have previously filed for bankruptcy protection and you are considering filing another case, it is important to understand that there are certain guideline for when and how you can do it. You should also be aware that if you have filed two or more bankruptcy cases that were dismissed within one year, the...
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What happens if your ex-spouse files a bankruptcy case? Will it impact you? The answer is “it depends.” It is important to have one of our bankruptcy lawyers review your individual circumstances to help you understand how you might be affected, but below is some general guidance. As soon as your ex-spouse files his or...
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When you file a bankruptcy case, you obtain the benefit of the automatic stay. If you file a Chapter 13 bankruptcy, you are also given the “co-debtor stay.” The automatic stay prevents creditors from taking collection actions against you, while the co-debtor stay prevents collection against your family, friends or others who co-signed loans with...
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What was exempt before you inherited it may not be after, according to a recent Supreme Court case. Clark et ux v. Rameker et al centered around the Chapter 7 Bankruptcy of Heidi Hefron-Clark and her husband, Brandon. In 2001, the Clarks inherited a $450,000 IRA from her mother. When the couple later filed bankruptcy...
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