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Bankruptcy FAQ

Explaining the automatic stay

On Behalf of | Feb 22, 2018 | Personal Bankruptcy

Imagine that you have a mountain of debt that is causing you mental anguish and emotional pain. The stress of the situation cripples you at work, making it impossible for you to concentrate. Every time the phone rings you ignore it, because it’s yet another unknown number from a likely debt collector. You don’t even read your mail anymore because you’re afraid of what notices you’ll receive.

This is the life of many people who have serious debt, and we are here to assure you that you don’t have to live this way. A bankruptcy filing can immediately stop the creditors that are harassing you and protect many of the assets that you hold near and dear to your heart.

The process that does this — that stops the debt collectors and your creditors from harassing you and trying to collect — is the automatic stay. This is an order issued by a judge after you file for bankruptcy. In many cases, it happens just hours after the filing is made. It functions as a protective order, ensuring that you don’t lose out on your wages or valuable assets. There are some exceptions (like with a mortgage in Chapter 7) but the automatic stay is a critical staple of the bankruptcy process.

It is for this reason that we at McBride Law believe the automatic stay is more valuable than the debt consolidation process. The legal protections it affords are tremendous. We can help you with your bankruptcy filing — and get you through this difficult time in your life.