If you’re facing debt and are considering bankruptcy, our Ohio automatic stay attorney can help. When you file for bankruptcy in Ohio, a powerful injunction called an “automatic stay” goes into effect, which protects debtors from creditors. Once an automatic stay is in place, creditors cannot pursue your debts, harass you, or pursue your assets or property.
IF YOU’RE CONSIDERING BANKRUPTCY, SPEAK WITH AN AUTOMATIC STAY ATTORNEY AT FESENMYER COUSINO WEINZIMMER TO LEARN MORE ABOUT BANKRUPTCY PROTECTIONS.
Why You Should Choose Our Legal Team
It is our priority to give clients a pathway to a fresh financial start. Our experience, compassion, and dedication to clients are second to none. By working with a Chapter 7 lawyer or Chapter 13 bankruptcy attorney from FCW, you’ll get personalized, worry-free help and advice that you need.
How Our Attorneys Help You
Filing for bankruptcy and ensuring you have protections in place can get complicated. There are deadlines, forms, court dates, and a lot of legal information and rules to keep track of. Let our automatic stay lawyer in Ohio handle the heavy lifting. Further, we can advise you on the best course of action, type of bankruptcy to file, preparing for court, and more.
How Does an Automatic Stay in Bankruptcy Work?
Bankruptcy laws are intended to give people a fresh financial start. An automatic stay in bankruptcy works to stop creditors from going after your assets and income until the bankruptcy court makes decisions as to whether your bankruptcy plan should be approved as filed or the discharge should be granted.
An automatic stay provision goes into place immediately upon declaring bankruptcy. Its protections include:
- Barring harassing letters and telephone calls from creditors attempting to collect what is owed
- Stopping threats at home or at work, including reminders that you can be sued, your wages can be garnished, and that you may even lose your home or vehicle
- Preventing creditors from repossessing or foreclosing your property or suing and pursuing you for collection in any way. Any lawsuits in progress will be halted
The protections offered by an automatic stay in bankruptcy take effect right away.
Our Automatic Stay Attorney Explains Bankruptcy Protections
The provisions of the automatic stay are explained in federal law 11 U.S.C. §362 and become effective as soon as your attorney files the bankruptcy petition.
The automatic stay in bankruptcy specifically stops a number of actions related to debt, including:
- Foreclosure on your home
- Vehicle and personal property repossessions
- Eviction proceedings and actions by landlords to possess rental property or collect damages without first getting permission from the court
- Lawsuits related to debt
What’s Not Protected by the Automatic Stay?
While your automatic stay lawyer in Ohio can review which bankruptcy protections apply specifically to you, creditors can still pursue some types of debt.
Debts related to criminal charges or domestic court proceedings are still owed and are subject to pursuit by creditors. These include:
- Debts to determine paternity, for domestic support, or child custody or visitation
- Actions for the dissolution of a marriage, except to determine division of property
- Actions for domestic violence
- Collection of a domestic support obligation from property not of the bankruptcy estate, such as retirement and pension accounts
- Actions to garnish income for payment of a domestic support obligation under Ohio law
- Actions to suspend a drivers license or professional license
- Actions to report overdue support payments by a parent to a consumer reporting agency
- Interception of tax refunds
- Enforcement of a medical obligation as specified under title IV of the Social Security Act
There are times when you may not be entitled to an automatic stay in bankruptcy, such as if you file for bankruptcy multiple times in a short period. For example, if you file for bankruptcy and you had a previous case that was dismissed within the past year, you will receive the stay only for 30 days. You must file a motion to extend the stay to be protected beyond that 30 days.
What If Creditors Keep Harassing?
Most creditors know to cease collections after a bankruptcy declaration. If creditors violate the stay and continue harassing you, the court will order sanctions on the creditor for violating your protection.
OUR AUTOMATIC STAY ATTORNEY IN OHIO CAN HELP YOU HANDLE CREDITORS WHO PURSUE COLLECTIONS DESPITE BANKRUPTCY PROTECTIONS.
If the creditor violates the stay by collecting an asset, the court will order them to restore the property. In addition, the debtor may receive actual and punitive damages, including costs of fees for an automatic stay lawyer in Ohio and court costs to fight the violation.
Common Questions for Our Automatic Stay Lawyer in Ohio
You undoubtedly have questions if you’re facing bankruptcy. Below are several common questions and answers for our Ohio automatic stay attorney.
Why hire an automatic stay attorney?
Working with an automatic stay attorney will ensure that your automatic stay is filed correctly. By being sure all paperwork and processes are properly handled, you won’t have to worry about costly mistakes or delays impeding your debt relief.
What is a motion for relief from the automatic stay?
Creditors can file a motion for relief from the automatic stay, which would then cancel the automatic stay’s protections. The court may override the automatic stay if the creditor is not adequately protected, if there is evidence that a debtor may try to hide, steal, or damage the property in question, or if the creditor proves that the property won’t matter for the purposes of the bankruptcy.
How long does an automatic stay last?
The automatic stay will remain in place for the full length of your bankruptcy proceedings. Chapter 7 bankruptcy cases are typically resolved in several months, while Chapter 13 bankruptcy cases resolve in three to five years, typically. For these two common types of bankruptcy, the automatic stay will remain in effect for the duration.
Should I file for bankruptcy just to obtain automatic stay protections?
If you’re considering filing for bankruptcy, there are many factors to consider. Obtaining automatic stay protections can be critical if you’re facing relentless collectors or legal action. Our bankruptcy attorneys address many Frequently Asked Questions About Bankruptcy to help you learn more.
An Ohio automatic stay attorney from FCW can help guide you through bankruptcy proceedings. We encourage you to learn more and speak with our legal team to get all of your questions answered.
Contact Our Attorneys for Debt Relief Today
Filing for bankruptcy can be stressful, complicated, and difficult. Instead of going at it alone, let an automatic stay attorney from FCW help you.
The seasoned and compassionate Ohio bankruptcy lawyers at Fesenmyer Cousino Weinzimmer are dedicated to helping you through the maze of personal bankruptcy. Explore and discuss specifics regarding automatic stays and your financial situation with the help of our attorneys.
DELAYING CAN ONLY MAKE YOUR SITUATION WORSE, SO CALL ONE OF OUR OFFICE BRANCHES AT 614-228-4435 (COLUMBUS), 937-222-7472 (DAYTON), OR 877-654-5297 (CINCINNATI).
