Protection from creditor actions

The automatic stay in Bankruptcy affords protection from creditor collection activities, garnishments, levies and foreclosures. It is statutorily codified in 11 U.S.C. § 362. The automatic stay applies, subject to certain exceptions, the second a bankruptcy case is filed.

The advantage to the automatic stay is that it stops a creditor from suing you, foreclosing on your property, and removing funds from your bank account to satisfy a Judgment.

There are numerous exceptions to the automatic stay and motions which can be filed in court by a creditor to either limit, condition, or remove the automatic stay altogether.

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