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Automatic Stay Provisions
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Flashcards
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Utility company threatens to disconnect service over unpaid bills after bankruptcy filing.
Automatic stay prevents utility disconnection for at least 20 days after filing.
Student loan creditors are suing for repayment.
Automatic stay will halt the lawsuit, but student loans are often non-dischargeable.
Debtor's wages are being garnished when they file for bankruptcy.
The automatic stay immediately stops most wage garnishments.
Debtor's car is repossessed on the day of bankruptcy filing.
The car must generally be returned due to the automatic stay, unless the creditor gets relief from the stay.
Lien is placed on the debtor's property for unpaid work.
Automatic stay may prevent the enforcement of the lien.
Creditors are pursuing a co-debtor for joint debt after one debtor files for bankruptcy.
The automatic stay may protect co-debtors under Chapter 13, but not under Chapter 7.
An order for debtor’s eviction was entered before bankruptcy filing.
Automatic stay may not prevent eviction if the landlord already has a judgment of possession.
Debtor faces foreclosure and files for bankruptcy the day before the auction.
Automatic stay will typically stop the foreclosure auction.
The debtor has a license suspended due to unpaid fines.
Automatic stay may lead to the reinstatement of the license, depending on the type of debt.
Credit card companies are seeking to collect payments.
Automatic stay suspends the credit card companies' collection efforts.
Debtor is scheduled for a civil court appearance related to a debt.
Automatic stay will likely postpone the civil court proceedings.
Debtor is part of an ongoing criminal proceeding.
Automatic stay does not typically impact criminal proceedings.
Creditors have a meeting scheduled after the debtor files for bankruptcy.
The meeting of creditors, also known as the 341 meeting, is not stayed by the automatic stay.
Creditors are calling and sending letters demanding payment.
Automatic stay requires all collection communications to cease.
A lawsuit is pending against the debtor for breach of contract.
Automatic stay puts the lawsuit on hold, unless it falls under certain exceptions.
Creditor seeks to set off a debt owed to the debtor against a claim against the debtor.
Automatic stay may temporarily prevent the setoff of mutual debts.
Creditor attempts to foreclose on a debtor's home after filing for bankruptcy.
The automatic stay immediately halts foreclosure proceedings.
A tenant in bankruptcy receives an eviction notice.
Automatic stay may temporarily prevent eviction, depending on state law and if the landlord already has a judgment of possession.
IRS is pursuing collection actions for unpaid taxes.
Automatic stay suspends most tax collection actions by the IRS.
Debtor's bank account is frozen due to a creditor's court judgment.
Automatic stay may release the freeze on the bank account if the judgment is related to debt dischargeable in bankruptcy.
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