Lifting An Automatic Stay

May 7th, 2009 by Reed Allmand

    When a debtor files bankruptcy, the bankruptcy court imposes an automatic stay that prevents most creditors from taking collection action against the debtor. But an automatic stay will be lifted when:

  1. The bankruptcy case is closed. If a bankruptcy case is closed by the debtor or the court, creditors can resume collection activity against the debtor.
  2. The bankruptcy case is dismissed. If the court dismisses the debtor’s bankruptcy case for any reason, creditors will no longer be restricted by the automatic stay and will be allowed to resume collection activities.
  3. The debtor is either granted or denied a bankruptcy discharge. If the debtor is granted a discharge, creditors who are exempt from discharge will most likely pursue the debtor for repayment (i.e. child support, student loans, alimony). And if the discharge is denied, all creditors can resume collection activities against the debtor.
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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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