Blog Posts in Automatic Stay and Bankruptcy

In In re Nathan B. Makowski , the 9th Circuit ruled that a creditor willfully violated the automatic stay by failing to return a debtor’s vehicle immediately following his filing for Chapter 13 ...

Car Lenders don’t have to wait a certain number of months to repossess your vehicle if you are behind. They don’t have to wait at all. Making a partial payment won’t legally ensure the repossession ...

Auto finance companies can repossess your car if you are late, they don’t have to wait a certain period of time to do so. Partial payments won’t typically slow the repossession process down and ...

Every so often, I read a letter or receive a call from an attorney or creditor after the filing of a client’s bankruptcy, that attempts to explain to me the need for my client to file a motion with ...

If you file for bankruptcy, all collection activity by creditors must stop with a few exceptions. The part of the law governs this is called the “automatic stay”. So if a creditor is trying to collect ...

The bankruptcy automatic stay or simply the “stay” from here on out, is a Court Order that becomes effective on the date of the bankruptcy filing that protects the bankruptcy filer from most creditor ...