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January 25, 2012

A Las Vegas Bankruptcy Attorney Gives Guidelines on Filing For Bankruptcy

Filed under: — Admin @ 2:44 pm

As a Las Vegas Lawyer I’m versed in dealing with both Chapter 7 and Chapter 13 bankruptcies. Regrettably, Las vegas can be considered the Bankruptcy capital of the US. So, before considering filing for a Las Vegas Bankruptcy you need to know what bankruptcy can do for you. This post is a brief essay on the automatic stay in Bankruptcy. Upon filing bankruptcy, as a debtor, an automatic stay is enacted. What an automatic stay prohibits lenders from doing certain measures. For example, once bankruptcy is filed a creditor can not due the foregoing: Commence or continue a court action towards you in any effort to collect the debts which you allegedly owe. Continue with any collection calls. Once bankruptcy is filed a collection agency must cease and desist all attempts to collect any supposed debts. All repossessions must stop. Please note that if you are behind on payments, filing a Chapter 7 bankruptcy can in the short term stop the repossession of one’s car. But, the stay is just temporary. The creditor’s can be able to reposess your car if they decide to file a request to lift the automatic stay. Declaring bankruptcy can stop the foreclosure sale of your property. Again, with a chapter 7 bankruptcy, this is temporary. A chapter 13 bankruptcy can afford you more protection in case your goal would be to stop a foreclosure sale. Declaring bankruptcy can stop the garnishment of one’s wages. This automatic stay will last until the following: 1. At the request of a creditor, the judge may lift the automatic stay. 2. The item of property no longer is associated with the person filing for bankruptcy. 3. The debtor gets the discharge. This occurs during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is temporarily halted. After the debtor gets a discharge a creditor is then free to purse repossession and foreclosure on the debtor’s property. Therefore, with an automatic stay, a bankruptcy can allow you to get your economic affairs together, provide you relief from harassing calls from creditors, and stop the garnishing of your salary. However, remember in the case of a chapter 7 bankruptcy these results are only short-term. As a Las Vegas Bankruptcy Lawyer I’m versed in dealing with both Chapter 7 and Chapter 13 bankruptcies. Regrettably, Las vegas can be considered the Bankruptcy capital of the US. So, before considering filing for a Las Vegas Bankruptcy you need to know what a bankruptcy does. This post is a brief essay on the automatic stay in Bankruptcy.

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