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Bankruptcy Automatic Stay Protects the Debtor From Creditors

Bankruptcy San Diego | Automatic Stay | Stay Protects the Debtor

Protects You- the Debtor- from Creditors Who Are Trying to Collect on Most Consumer Debts or Judgments. The "Stay" Also Protects The Debtor From Foreclosure and Repossession and Other Debtor's Collection Efforts

Bankruptcy Attorney - David A. Casey

Office Location: 365 Broadway, Suite 203, El Cajon, California

(619) 447-6780

Attorney for over 20 years in San Diego County.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

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Chapter 13 San Diego , Chapter 7 Bankruptcy

Automatic Stay - Protects Debtors from Creditors.

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What is a "Stay" and "Relief From Stay"

Automatic Stay Protects Debtors from Creditors after filing Chapter 7 or Chapter 13 Bankruptcy. What every debtor needs to know about the "STAY".

Upon the filing of your bankruptcy case under any of the chapters of the Bankruptcy Code, this creates an injunction against the continuance of any legal action, repossession or foreclosure by any creditor against the debtor or the debtor's property. [11 U.S.C. 362].

Prohibited Actions by the Creditors During the Automatic Stay

The automatic stay prohibits:

Beginning (filing new action), continuing lawsuits, or action to collect on a judgment entered against the Debtor.
Collection calls may stop upon notice.
Repossession efforts must stop and in some cases return of the property to the debtor.
Foreclosure action and trustee sales must stop.
Garnishment or levies on accounts must stop.
Threat of legal proceedings must stop.

This automatic stay will remain in effect until one of the following events takes place:

a judge lifts the stay at the request of a creditor;
the debtor gets a discharge; or
the item of property is no longer property of the estate.
the bankruptcy case is dismissed.

Stay Becomes Permanent Upon Discharge of That Debt

When you, the debtor, get a bankruptcy discharge, the automatic stay is then replaced by an order of the bankruptcy court who issues a permanent injunction prohibiting creditors from further action against the debtor for debts that are discharged and are pre-petition debts. New debts incurred after filing date of the bankruptcy are NOT discharged!

The Automatic Stay Does Not Stop Any of The following:

Criminal proceedings against you. The law is not going to protect someone charged with a crime.
Actions for child and spousal support orders or any action to modify any family support order.
Arrears for any collection effort are not stayed even if the property is not part of the bankruptcy estate.
Taxes and Tax audit. What is stayed is collection of tax by a taxing authority such as the IRS, state income tax and more. They are treated just like any other creditors from collection efforts.

Violation of the Stay by Creditors.

Any creditor who willfully violates the stay in an individual case is liable for actual damages caused by the violation and possibly for punitive damages. (Example: A creditor knew you filed bankruptcy and repossesses your car. They will be responsible for damages they caused you. If the violation was willful then punitive damages may apply.

Creditor’s Actions are Normally Avoidable

If a creditor takes some legal action or other actions after you file bankruptcy, the creditor’s actions most likely will be considered void or avoidable.

My Office Only Represents Debtors

Unlike some attorneys who will also represent creditors, I commit to only representing the debtors since they are the ones who need help the most. If you a considering a chapter 7 or chapter 13 bankruptcy please don’t hesitate to give my office a call. We are NOT a bankruptcy mill, but an individual law firm who believes on helping individuals get the debt relief they need. The bankruptcy laws are there to help the debtor get a fresh start. For a free consultation, call the bankruptcy law office of David A. Casey at (619) 447-6780

If you have any questions regarding bankruptcy, you should seek legal advice. I Encourage my clients to ask questions regarding any issues involving their bankruptcy before or after filing.

Is It Time For You To Get a Fresh Start?

You are reading this website because you are looking for help. You feel overwhelmed with financial worries. Your debtors are not helping you in any way. I have given personal service to my clients in San Diego. You do not need to be treated just like another number. You want individual and personal service tailored to your needs. My law office is not a bankruptcy mill. We are honest and upfront about bankruptcy fees and costs. You get personal bankruptcy debt relief with my professional legal representation. You get quick bankruptcy filing, and all the debt relief you are entitled to. I personally will discuss your bankruptcy with you. I will be able to tell you if you qualify for a chapter 7 or chapter 13 bankruptcy.

Your money problems are not going to go away on their own. Creditor calls and harassment can be stopped. Even if you have a judgment against you or wage garnishment, they can be stopped. Filing for Bankruptcy is a major and important decision that in many cases improves your credit rating and ability to get credit. When you come into my office, you will notice a professional law office that provides individual debt relief services. Services from bankruptcy and even living trust preparation are available. Attorney Casey provides you with the time necessary to ensure that the bankruptcy process is managed in an effective manner. You will be advised and provided guidance when needed at every step in the bankruptcy process.

Bankruptcy Attorney San Diego Chapter 13, Chapter7 Bankruptcy Lawyer

San Diego, Let the Bankruptcy Laws Work For You!

Attorney Casey's philosophy is to treat every client with respect as we would expect to be treated if there was a change of events that affected our lives. The purpose of bankruptcy is to seek relief from your financial hardship, stop foreclosures, and put a stop to unreasonable creditors pursuant to the bankruptcy laws.

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Read the 24 Steps in Chapter 13 San Diego Bankruptcy.

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.

Let the Bankruptcy laws work for you!

Stop Creditor's calls immediately through Bankruptcy!

Stop or Delay Foreclosures!

Chapter 13 San Diego and Chapter 7 San Diego

Bankruptcy can get you a fresh start and relieve the stress of your financial problems.

Your money problems and the harassment of your creditors are not going to go away without some help.

Get a free consultation!

Call today for a Free Phone Consultation! (619) 447-6780

YOU ARE NOT ALONE IN FILING BANKRUPTCY

More debtors will have to file bankruptcy in the wake of more unemployment, medical reasons, reduced income, and the overall problems with the economy affecting their finances.

►It is estimated that in 2010 there will be more than 1.4 million consumers and businesses seeking the protection of the Bankruptcy courts.

Bankruptcy Attorney for Debtors in San Diego, California Attorney David A. Casey

(619) 447-6780

Take The First Step to Getting

Your Debt Relief Started & And the Creditors Stop From Calling you!

San Diego Bankruptcy Casey explains a "Stay" and a "Relief From Stay" and how it protects the debtors from creditors collecting the debt, foreclosure, repossession, or judgments.

Bankruptcy Services, Chapter 7, Chapter 13 Bankruptcy San Diego County

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.