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BANKRUPTCY-THE AUTOMATIC STAY-AVOID DEBT COLLECTION
When any Chapter of a bankruptcy petition is filed, Federal Bankruptcy Law provides that an automatic stay goes into effect. It is called
“automatic” because the Bankruptcy Court does not have to take any special measures to make it effective; once your bankruptcy case is filed, the stay is automatically in place.
The stay prohibits the creditors from engaging in any debt collection activity. Creditors cannot call you, they cannot write
you, and most importantly, they cannot sue you while your bankruptcy case is still open with the Court. Most kinds of debts are covered under the automatic stay.
In some circumstances, for example, a secured creditor for a mortgage on a house or a loan secured by collateral such as a car, a
creditor can file an action to have the stay lifted.
Everyone’s circumstances are different, the Blissman Law Office would be glad to discuss your bankruptcy needs.
Call for your FREE bankruptcy consultation.
Call 412-823-1700 or email us at: blissmanlawoffice@verizon.net
Blissman Law Office
900 Lincoln Highway, North Versailles, PA 15137
YOUR PROPERTY IN BANKRUPTCY
When you file a bankruptcy, almost everything you own at the time of filing is under the authority of the Bankruptcy Court. Exceptions would include pensions, tuitions, and individual educational accounts. Also, if one spouse is filing alone, property owned with a spouse as tenants by the entirety.
All the property under the Bankruptcy Court’s jurisdiction is your “bankruptcy estate.” In addition to the property that you own when you file, it includes property that you used to own but improperly transferred to someone else.
The Bankruptcy Court Trustee, who is appointed to administer your case, is very interested in your bankruptcy estate because he or she can collect a commission on any property that can be removed from your estate and sold to provide money to distribute to your creditors.
There are exemptions under the Bankruptcy Code that provide you with the means to keep your property.
These exemptions will be covered in a later installment.
Call for your FREE bankruptcy consultation.
Call 412-823-1700 or email us at: blissmanlawoffice@verizon.net
Blissman Law Office
900 Lincoln Highway, North Versailles, PA 15137
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