What Is an Automatic Stay?
Upholding Bankruptcy Protections on Your Behalf
When you file bankruptcy, all collection actions must cease. A collector violates the law if they call you or otherwise continue collection actions after receiving notification of your bankruptcy filing. This injunction is called an automatic stay, and it takes effect as soon as you file bankruptcy. Your creditors are immediately prohibited from calling you, sending you collection notices, foreclosing your home, initiating or continuing lawsuits, and much more.
At Henry & DeGraaff, PS, we help clients take full advantage of this protection. We also file lawsuits against creditors, lenders, and debt collectors who have violated the automatic stay. By taking these violators to court, we have stopped them from repossessing our clients’ cars, foreclosing their homes, and relentlessly contacting them after they have filed bankruptcy. As one of the few law firms that handles debt-related litigation, we are fully prepared to fight for your rights and help you keep your funds and assets.
Have you been working hard for months or years to get your mortgage or car payments current, putting up with late fees and threats of repossession or foreclosure? You may be considering surrendering your car or home to reduce your monthly payment obligations, but this might not alleviate your financial crisis. If your automobile lender auctions off your car, they may sue you for the deficiency balance on the car loan. If your mortgage lender goes through with foreclosure, the process will seriously impact your credit score and prevent you from qualifying for new loans in the future.
Depending on your situation, you may be able to keep your property out of the hands of lenders and debt collectors by filing Chapter 13 bankruptcy. Because of the automatic stay, you will benefit from immediate protection against foreclosure or repossession. You will then have 3-5 years to catch up on late payments and even negotiate for loan modifications. In some cases, the court may “cramdown” the automobile loan balance to the fair market value of the vehicle, or it might eliminate a second or third mortgage in a process called lien-stripping.
Chapter 7 might also be an option, but you will have less time (i.e. 4-6 months) to catch up on late payments. Our attorneys can discuss how bankruptcy may affect your situation and whether or not it may help you keep your property. If you choose to file bankruptcy, you can trust us to take lenders and debt collectors to court if they violate the automatic stay.
Experienced, Creative & Sophisticated
With years of experience between our attorneys, our goal is to deliver a higher level of service, only taking cases where we can add value.
We understand that no two cases are ever the same. We provide tailored solutions for every client and strategize in order to provide optimal results.
As a law firm that focuses on creative and collaborative solutions, we always seek opportunities that go even beyond the law to help provide the results you deserve.
Our ability to tackle complex issues has allowed us to win appellate decisions and push the law in our clients' favor. We pursue compensation arrangements that reward success.
It is my belief that we came out way ahead of the game but we owe the success to Jacob.- Kim & Mike
5 stars are not enough.- Joe
Jacob successfully took over our Chapter 11 bankruptcy case.- Jerry
Jacob was always focused on our needs and desires concerning our real estate.- Previous Client
If you need their services don't hesitate to give them a call.- Reese H.