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Thursday, February 26, 2009

What you need to know about the Bankruptcy automatic stay

By Josh Ramos

For anyone experiencing the burden of high credit card debt (or other kinds of debt), finding a way out can be an incredibly stressful problem that can wreak havoc on your family life and health. Is there any light at the end of the tunnel?

Bankruptcy is certainly one option that should not be overlooked if you're truly drowning in debt and are struggling to pay your bills. In particular, there is a procedure called the automatic stay which immediately prevents your creditors from trying to collect debts.

As soon as you file for bankruptcy, the bankruptcy court implements the automatic stay which prevents companies from taking any action until your case has been heard by the bankruptcy judge or trustee. This is a powerful provision which can relieve a lot of stress for you and your family, and it can even prevent creditors from performing foreclosure or repossessions.

Believe it or not, the creditors are not even allowed to contact you once you have filed for bankruptcy. If they do, they'll have to answer to the judge and will probably have to pay fines as a result. Now, you still have to go through the bankruptcy process, of course.

You should understand that the automatic stay is a temporary procedure that gives you some breathing room when dealing with bill collectors. However, you have to go through the entire process to see what the outcome of your bankruptcy case will be. At the very least, the automatic stay gives you some temporary relief while you and your bankruptcy lawyer make your case.

You may be wondering about the new bankruptcy law and whether it has become more difficult to declare bankruptcy. Well, it has become more difficult in the sense that you have to follow some additional procedures, but most people who end up filing will probably still be eligible.

Some of the new requirements include mandatory financial management courses in credit counseling. Also, depending on your annual income, you may have to go through additional hurdles to prove that you really do need bankruptcy. However, it remains a viable option for most people who would have previously qualified.

The new process is more involved, but your bankruptcy lawyer can help you navigate through the maze. You'll definitely need to contact the bankruptcy lawyer for the details, and you'll want to learn as much as possible before making your first visit.

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