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January 26, 2012

A Las Vegas Bankruptcy Attorney Gives Tips on Filing For Bankruptcy

Filed under: — Admin @ 10:21 pm

Being a Las Vegas Lawyer I am versed in working with both Chapter 7 and Chapter 13 bankruptcies. Regrettably, Vegas can be considered the Bankruptcy capital of the US. So, before considering a a Las Vegas Bankruptcy you should know what bankruptcy can do for you. This post is a brief essay about the automatic stay in Bankruptcy. When filing bankruptcy, as a debtor, an automatic stay is enacted. What an automatic stay forbids lenders from doing certain actions. For instance, once bankruptcy is filed a creditor cannot due the following: Commence or continue a lawsuit against you in any attempt to collect the debts which you presumably owe. Continue with any collection calls. Once bankruptcy is filed a collection agency must cease and desist all attempts to collect any supposed debts. All repossessions must stop. Please note that if you’re behind on payments, filing a Chapter 7 bankruptcy can temporarily stop the repossession of one’s car. But, the stay is only non permanent. The creditor’s can be able to reposess your car if they decide to file a request to lift the automatic stay. Declaring bankruptcy can stop the foreclosure sale of your property. Again, with a chapter 7 bankruptcy, it is only temporary. A chapter 13 bankruptcy can afford you more protection if your goal would be to stop a foreclosure sale. Declaring bankruptcy can stop the garnishment of one’s wages. This automatic stay will last until the following: 1. At the request of the creditor, the judge may lift the automatic stay. 2. The item of property no longer is associated with the person declaring bankruptcy. 3. The debtor gets the discharge. This occurs during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is briefly stopped. After the debtor gets a discharge a creditor is then free to purse repossession and foreclosure on the debtor’s residence. Therefore, with an automatic stay, a bankruptcy can allow you to get your economic affairs together, provide you relief from bothering calls from creditors, and cease the garnishing of your wages. However, remember in the case of a chapter 7 bankruptcy these outcomes are only short-term. Being a Las Vegas Bankruptcy Lawyer I am versed in working with both Chapter 7 and Chapter 13 bankruptcies. Regrettably, Vegas can be considered the Bankruptcy capital of the US. So, before considering a a Las Vegas Bankruptcy you should know what a bankruptcy does. This post is a brief essay about the automatic stay in Bankruptcy.

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