Debt Relief

Property & Assets

Bankruptcy FAQ

The automatic stay, your debt, and your rights

On Behalf of | Oct 8, 2017 | Personal Bankruptcy

Put yourself in the shoes of someone who has significant debt and is being called, emailed, and contacted by creditors on a daily basis. The interactions with these creditors and their associated debt collectors can be hostile, and the individual can end up living in fear of his or her cell phone or email account. Collection efforts are often ruthless and unyielding.

Given this atmosphere, it is no wonder that many people who live with debt are anxious, stressed out, and afraid of dealing with the issue at hand. And it is also why the automatic stay, a crucial part of the bankruptcy process, is so important.

We’ve talked about the automatic stay on this blog before, but today we want to fully define it and describe why it is so critical to the bankruptcy process.

Legally speaking, the automatic stay is an injunction. It is issued by a judge and the injunction orders all creditors to stop trying to collect from you. The “automatic” portion of the injunction means that the individual filing for bankruptcy doesn’t need to prove his or her case to a judge. It simply happens automatically. The stay is put in place and creditors must halt their actions.

This means the phone calls, the emails, the letters, the wage garnishment — all of it must stop until the bankruptcy process is complete. If you are in need of help due to mounting debt and you are unsure with how to proceed, talk with the attorneys at McBride Law.