The Automatic Stay in Bankruptcy
Putting an Immediate Stop to All Debt Collection Actions
The automatic stay is one of the most powerful tools available in U.S. bankruptcy law. When you file bankruptcy, the Bankruptcy Court will relieve your stress immediately by putting an immediate stop to any and all debt collection actions against you while your case proceeds.
At Gingold & Gingold LLC, we can help you take advantage of the automatic stay to get the debt relief you need. Our firm is made up of two experienced lawyers: Ira D. Gingold, who has been a bankruptcy attorney since 1971 and Court-appointed Bankruptcy Trustee from 1971-2013, and Jamie L. Gingold, who has been practicing bankruptcy, business and real estate law since 2001.
Understanding the Power of the Automatic Stay
The automatic stay is a Court order that takes effect as soon as you file Chapter 7 or Chapter 13 bankruptcy. Your attorney will include a list of your creditors in your bankruptcy filing, and all of them will receive a copy of the automatic stay, telling them that they are not allowed to:
- Call you on the phone
- Send you letters
- Call your relatives, family or coworkers
- Foreclose on your home
- Continue a foreclosure that has started
- Sue you on a debt
- Continue a lawsuit that has started
- Collect on a judgment against you
- File a garnishment on your wages and bank accounts
- Take any other debt collection actions
Once you have decided to file bankruptcy, you should not have any more contact with your creditors. Once your case is filed with the Bankruptcy Court, any creditors who continue to contact you are breaking the law, and your lawyer can make sure the Court knows that.
Contact Our Attorneys to Get the Debt Relief You Need
At Gingold & Gingold LLC, the automatic stay is one of our best tools for relieving our clients’ stress. To schedule a free consultation with our bankruptcy attorneys, call us today at (404) 685-8800 or e-mail us. We have offices in Atlanta, Cumming, Dallas and Douglasville, with evening and weekend appointments available.