When Does An Automatic Stay End?

December 22nd, 2008 by Reed Allmand

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An automatic stay, which generally becomes effective once a bankruptcy is filed, stops all collection actions against the debtor. But the automatic stay will end once one of the following events occur:

  1. The bankruptcy case is closed in a Chapter 13 case. For example, if a debtor withdraws a bankruptcy petition then the case would be closed and the automatic stay would be lifted and collection actions against the debtor would begin again. The bankruptcy case could be closed by the court or trustee.
  2. The bankruptcy case is dismissed. For example, the bankruptcy court has determined that the debtor is not eligible to file bankruptcy and dismisses the case. In this case also, the automatic stay is lifted and debt collection actions would resume.
  3. The debtor is granted or denied a bankruptcy discharge in a Chapter 7 case. If the debtor is granted a bankruptcy discharge, then those debts that were not dischargeable would probably be placed back into collections (i.e. student loans, child support). If the bankruptcy is denied, the automatic stay is lifted and all creditors would resume collections 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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FAQ

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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What happens if the stay terminates on my home?

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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