Instant Relief - Chapter 7

Individuals who file for Chapter 7 bankruptcy protection in California are immediately covered by the automatic stay that goes into effect. This means that the moment your bankruptcy filing is stamped by the court clerk, you will be free from all collection attempts by your creditors. This includes creditors who have a pending lawsuit, any creditors who are attempting to garnish your wages, or put a levy on your bank accounts, and it even includes foreclosure proceedings. You will no longer have to worry about collection calls or letters in the mail for the duration of your California Chapter 7 bankruptcy. Additionally, once your bankruptcy is discharged, a permanent injunction will be put into place, barring creditors that have had their debts discharged from contacting you about the debts in the future.

The instant relief provided by the automatic stay is just one of the benefits provided by filing for Chapter 7 bankruptcy in California, but it is often one of the most appreciated. Imagine never having to worry about a bill collector on the other end of the phone, never having to worry about your income diminishing due to wage garnishment, and having the time to work with your mortgage lender if you are facing foreclosure, without worrying that your house will be sold while you are still in the negotiating process. Filing for Chapter 7 bankruptcy in California can do all of those things, but only if your bankruptcy is filed properly. For individuals who have had bankruptcy cases dismissed in the past year, the automatic stay does not immediately take effect.

If you have had a bankruptcy dismissed by the courts, it is absolutely essential that you have your bankruptcy handled by a competent, experienced California Bankruptcy Attorney. You will need to petition the court to have your automatic stay granted, and you will have to petition to have it extended as well, since the automatic stay only lasts for 30 days for those who have had a bankruptcy dismissed in the past year. By having a skilled, reliable California Bankruptcy Lawyer representing your case, you can avoid costly mistakes, such as having your bankruptcy case dismissed or your automatic stay denied.

If you’ve had more than one bankruptcy case dismissed in the last year, you may not be eligible for the protection of the automatic stay. And if that is the case, you definitely need to speak with a professional California Bankruptcy Attorney right away – there are other ways to minimize the damage that creditors can do to your finances, but only if you have legal representation that can help you to fully understand your options. If you are concerned about whether or not you will qualify for the automatic stay, you should contact our office today. We will provide you with a free, no-hassle case evaluation to help you fully understand how the automatic stay works and whether or not you qualify. Don’t delay – the sooner you have a reputable California Bankruptcy Attorney working for you on your case, the better your chances of being able to take full advantage of the automatic stay and the protections that it provides.