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Automatic Stay in Insolvency

Automatic Stay in Insolvency
"""The automatic stay is a powerful consumer protection tool in the domain of bankruptcy. A bankruptcy automatic stay is a temporary evaluation that has been imposed automatically upon the filing of a bankruptcy petition by an individual or business.

According to section 362 of the United States Bankruptcy Code, the automatic stay will defend you from almost all creditors and their actions against you as soon as the case is filed. Automatic Stay does not last eternally and typically expires when at least one of the three following events occurs:

1. your discharge is denied or granted
2. at time of summary dismissal
3. when a case is being resolved.

If the bankruptcy discharge is granted and the case is closed, the automatic stay becomes permanent and is known as the Discharge Injunction. If your discharge is denied or your case is dismissed, your creditors may pursue legal action against you. You had discovered a few other items to add to them over the course of the previous decade, and their termination could be automatic. This condition occurs if you have filed for bankruptcy under at least one of chapters 7, 11, or 13 within the past year, and the case was dismissed. If you filed more than one chapter 7, 11, or 13 case in the past year and it was dismissed, you are not eligible for the automatic stay protection unless the court orders otherwise.

Your creditors may also petition the bankruptcy court to lift the stay, allowing them to proceed with legal action against you or your property. This is due to the fact that there are also specific requirements regulating their ability, but for the court to lift the stay, definitive proof will be required. If you fall behind on your mortgage payments, mortgage companies may also file a motion for stay relief.

Even if the court lifts the automatic stay, your bankruptcy petition has not necessarily failed. You still have every opportunity to have your debts discharged. The Discharge Injunction will assist in enforcing the prohibition against taking any action against you.""

" - https://www.affordablecebu.com/
 

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"Automatic Stay in Insolvency" was written by Mary under the Finance / Wealth category. It has been read 144 times and generated 1 comments. The article was created on and updated on 02 June 2023.
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