Cleveland Bankruptcy Lawyer Blog

The automatic stay is a powerful provision in bankruptcy law that immediately stops nearly all collections and creditor actions against a debtor. The automatic stay is invoked automatically with the filing the case. There is no hearing is necessary, the stay arises automatically by operation of law upon filing the bankruptcy petition. This powerful injunction against collections is even effective against creditors that may have no actual knowledge of the bankruptcy filing!

Congress has stated that the public policy behind the automatic stay is to provide the “debtor a breathing spell from his creditors, stopping all collection efforts, all harassment, and all foreclosure actions. It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove him into bankruptcy.” See Notes of Committee on the Judiciary, Senate Report No. 95-989. That “breathing spell” is a welcome relief to individuals and families facing overwhelming financial burdens.

The automatic stay provides significant and immediate relief upon filing because it strictly prohibits a creditor (with a claim that arose before commencement of the bankruptcy case) from taking any action to collect the debt including:

• contacting the debtor to request payment (stops collection calls)
• initiating or continuing a lawsuit against the debtor (stops lawsuits)
• enforcing a judgment against the debtor (stops wage garnishments)
• repossessing personal property or foreclosing on real estate (stops repossessions and foreclosure)

However, the automatic stay is a temporary injunction. The stay can be contested by a creditor through bankruptcy proceedings and lifted by the bankruptcy court after notice and a hearing if there is a justified reason for doing so (see a bankruptcy attorney for more information on this process). There are some exceptions to the automatic stay, for instance: the automatic stay does not prevent criminal prosecutions. Additionally, the automatic stay does not stop lawsuits to establish or modify alimony, maintenance, or support. If you would like more information about what actions a bankruptcy stay will stop, you should contact an experienced bankruptcy attorney.

Individuals that file for bankruptcy protection receive the powerful protections provided by the automatic stay immediately upon filing. However, the automatic stay is just one benefit of using bankruptcy to your advantage. Other benefits of a bankruptcy filing may include debt relief, stopping a garnishment or foreclosure and getting a fresh start (free from credit card and unsecured debt). If you are considering bankruptcy, a bankruptcy attorney can help you make the best decisions to use the benefits provided bankruptcy law to make the best decisions for you and your family.