Law Offices of Robert M. Geller 1-813-254-5696
www.attorneyfortampabay.com
Hi! My name is Robert Geller and my law firm is the Law Offices of Robert M. Geller, P.A. We are a consumer bankruptcy firm and today I want to talk to you about an automatic stay. What is an automatic stay? When we file a bankruptcy for a client, we automatically get a stay. This means that the creditors have to stop everything that they're doing. They have to stop their garnishment, their foreclosure, and their lawsuits. They can't bother you anymore, and must stop calling you as soon as I push that button and follow your case. This is called an "Automatic Stay”, from Section 362 of the Bankruptcy Code.
What can creditors do about the automatic stay? In certain circumstances, they may go to the Bankruptcy Court and ask for relief from the stay. Generally, though, the automatic stay applies throughout the entire case. For example, if you're getting a garnishment, once the bankruptcy is filed, the creditor has a duty to tell the state court that’s garnishing your wages about the bankruptcy. The garnishment will then be removed, and you will get your wages in full. Once the bankruptcy goes through, they cannot attempt to garnish your wages again, because you'll receive a bankruptcy discharge prohibiting the creditor from trying to get money from you.
An automatic stay goes into effect as soon as a bankruptcy is filed, with no intervention on your part. I am Robert Geller, and I want to help you build a brighter future. Thank you.
Law Offices of Robert M. Geller
1-813-254-5696
www.attorneyfortampabay.com
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