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The Automatic Stay

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  • What is the automatic stay?

    Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.
    Bankruptcy Code Section 362 discusses the Automatic Stay.

  • How long does the automatic stay last?

    How Long Does an Automatic Stay Last? The automatic stay remains in effect until your case is closed.
    But, of course, it isn't always that simple.
    For Chapter 7, it's often the case that a stay will last the 3-5 months the court case is open.

  • What is the scope of the automatic stay?

    The scope of the “Property of the estate” protected by the automatic stay is very broad, encompassing all of the debtor's property and rights to property, and the Bankruptcy Code at 11 U.S.C. § 541 defines what is and is not property of the estate.

  • A secured creditor may obtain relief from the automatic stay for acts against property if both the: Debtor does not have equity in the property.
    Property is not necessary to an effective reorganization.22 sept. 2022
An automatic stay is a legal provision that temporarily prevents creditors from trying to collect money or seize property from debtors in bankruptcy.How an Automatic Stay Works · The Length of an Automatic StayAutres questions

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The Automatic Stay