The most common complaint of people struggling to meet their financial obligations involves the constant creditor harassment they face. Creditor harassment can be frustrating, demeaning and annoying. The best way to avoid these constant reminders of your debt is by filing for bankruptcy.
Once a bankruptcy is filed, the automatic stay goes into effect immediately. The petition is filed electronically, and the automatic stay is applicable that second. Our firm handles many cases where actions of a creditor are stopped minutes before they will occur. For example, if a sheriff sale on a home is going to occur at 2:00 p.m. on a given day, we can file the petition at 1:59 p.m. and stop the sheriff sale. The automatic stay essentially ends further collections efforts. Typically, all you need to do, is tell your creditor(s) that you have filed for bankruptcy and they can direct any other questions to your lawyer. The automatic stay has several immediate benefits, including:
- Stops harassing phone calls, letters and all forms of communication
- Ends lawsuits
- Ends wage garnishments
- Ends repossessions
- Stops foreclosures
- Stops sheriff sales
- Stops IRS levies
- Stops state tax levies
- Stops landlord evictions
- Lifts levies on bank accounts
Automatic Stay in Bankruptcy
The New Jersey automatic stay attorneys at Scura, Mealey, Wigfield & Heyer, LLP, can answer your questions in detail through a consultation. As soon as you are considering seeking debt relief through bankruptcy, it is important to discuss the situation with an experienced attorney.
If a creditor violates the automatic stay, he or she faces serious penalties. The Fair Debt Collection Practices Act sets out specific guidelines that creditors must honor when attempting to recover payment for debts. If you have filed for bankruptcy, and still struggle to handle harassing creditor communication, do not hesitate to contact a knowledgeable attorney immediately.
Contact Our Firm
If you have questions about the automatic stay, do not hesitate to schedule a free consultation with an attorney at Scura, Mealey, Wigfield & Heyer, LLP. Our bankruptcy attorneys can examine your financial situation and provide valuable legal advice and representation no matter how complex your question.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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