For individuals that file for bankruptcy (chapter 7 or chapter 13), the automatic stay provides welcome and immediate relief from creditors attempting to collect on previous debts. For this reason, automatic stay is a strong motivator for some thinking about filing for bankruptcy. This is especially true when individuals are at risk for being evicted, being foreclosed on, being found in contempt for failure to pay child support, or losing basic resources such as utility services, welfare, unemployment benefits or one’s job (NOLO.com). Even so, there are exemptions to automatic stay, and that’s why residents in New Hope, Hiram and Dallas, Georgia benefit from the personal attention and experience of bankruptcy attorneys Ira D. Gingold and Jamie L. Gingold of Gingold & Gingold, LLC.
In a nutshell, previous filings for bankruptcy affect the terms of the automatic stay, and if it will go into effect at all. For instance, if a debtor has filed for bankruptcy within the previous year, the “stay” will last only 30 days. If two or more bankruptcy filings have been processed within a previous year, the court will not grant an automatic stay, though a debtor can petition the court to put it in place. The key here is to demonstrate that a request is being made in good faith, and that any questionable filing behaviors or unmet expectations were not the debtor’s fault.
As an example, suppose you were expected to attend a meeting with a bankruptcy trustee, and you did not make it. Your case might be dismissed in this instance. Yet, imagine that you were in the emergency room due to illness, and you were in the hospital at the time of the meeting. By providing a declaration by your physician explaining the circumstances of your medical emergency, it’s believable that you couldn’t have informed the trustee that you wouldn’t be there.
Moving You Towards A Positive Outcome
Under the constant pressure of creditors, debt can make one’s life difficult and increasingly stressful. Fortunately, Gingold & Gingold, LLC is willing to work with individuals, moving them towards a positive outcome with debt relief strategies and solutions from seasoned bankruptcy attorneys, Ira D. Gingold and Jamie L. Gingold.
To schedule a free initial consultation to discuss your case, call today.