Do both Chapter 7 and Chapter 13 bankruptcy have the automatic stay?
Yes, when either a Chapter 13 or 7 case is filed an automatic stay will go into effect. The stay requires creditors to stop all collection activity against you immediately. Creditors and collection agencies will not be able to contact you, garnish wages, or repossess property while the stay is in effect.
What is the quickest way to stop a garnishment?
The automatic stay is often the quickest way to stop a wage garnishment. Unlike filing for head of household exemption, you do not have to wait weeks or months for a court hearing to stop the garnishment. Instead, the garnishment must be stopped as soon as the bankruptcy case is filed.
How long does the automatic stay last?
The automatic stay will be put into effect the instant either a Chapter 13 or Chapter 7 case is filed. Generally, the automatic stay will remain in effect throughout the duration of the case. However, creditors may be granted relief from the stay, with approval from the court.
Will bankruptcy stop a car repossession?
Yes, when a Chapter 7 or Chapter 13 case is filed an automatic stay is instantly put into effect. The automatic stay is a federal law which stops all forms of collection activity, including car repossessions already scheduled to occur.
Can bankruptcy stop a foreclosure sale?
Yes, when a Chapter 7 or Chapter 13 case is filed an automatic stay is instantly put into effect. The automatic stay is a federal law which stops all forms of collection activity, including foreclosure auctions already scheduled to occur.
