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Filing for Bankruptcy Enacts an Automatic Stay, Stopping Collection Activity and Legal Action Against You.

imgWhen you file bankruptcy, there’s what’s called an automatic stay, which stops all legal action against you and your property. And that is really the benefit of filing bankruptcy. The reason you would need an automatic stay is to stop an impending foreclosure sale of your home, to stop a repossession. An automatic stay can stop a wage garnishment, a bank levy, and the IRS and/or the California Franchise Tax Board from taking legal action against you.

Creditors have to cease collection activity, including the harassment of phone calls and letters. An automatic stay stops everything and it gives the individual debtor a breathing spell where they can reorganize their finances or just get rid of all their debts and move on with their lives.

In California, Household Goods, Furnishings and Clothing Are Completely Exempt and Not Subject to Forfeiture in a Bankruptcy Filing. Each State Prioritizes Exemptions Differently; California Has One of the Highest Homestead Exemptions

Once Filed, a Bankruptcy Initially Freezes Your Credit. Within 6 Months of Filing a Chapter 7 Bankruptcy, You will Have Access to Credit.

During the Bankruptcy Process, You Must Disclose All Your Assets and List All Your Creditors. If the Bankruptcy Trustee Discovers That You Withheld Information, Your Bankruptcy May Be Denied or Revoked and You Can Be Subject to a Jail Sentence.

Bankruptcy is just a way – a tool in a toolbox – for you to fight the bank. And a lot of people, once we file the bankruptcy, have this great sense of relief and empowerment.

Bankruptcy filing is one of the most powerful things in the law that you as an individual can do, because of the automatic stay. And a lot of people don’t realize that.

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