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Understanding the Purpose and Limitations of the Automatic Stay

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Understanding the Purpose and Limitations of the Automatic Stay

Couple discussing bankruptcy and the automatic stay

By the time a person decides to file for bankruptcy, he or she has probably exhausted all other options for dealing with the debt. Some people put off filing for bankruptcy simply because they don't think that the process will actually help them.

One way that bankruptcy can help you deal with the debt you have is by taking away some of the stress of dealing with the debt collectors. You know how stressful it is to have constant phone calls and letters that are demanding money from you that you just don't have to send in.

When you file for bankruptcy, the court issues an automatic stay. The automatic stay means that debt collectors can't contact you in an effort to collect a debt. They can't send you any letters demanding payments, and they can't harass you over the phone.

There are some limits to the automatic stay that you must consider. One of these is that utility companies must stop disconnection procedures, but only temporarily. It can temporarily stop eviction proceedings. It can also stop wage garnishments, but only until the automatic stay is lifted. Once the automatic stay is lifted, debt collectors for some debts might be able to commence collection attempts, as long as the debt wasn't included in the bankruptcy.

While you shouldn't file for bankruptcy based solely on the automatic stay, it can be a huge benefit if you are planning on filing anyway. Make sure that if you are using it to stop a certain collection that you find out if it will and how long it will stop the collection attempts. Letting your attorney know about your concerns is one way that you can find out the options that you have.

Source: FindLaw, "The Automatic Stay: Stopping Creditors with Bankruptcy," accessed May 19, 2017

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SEE HOW NICOLET LAW MAKES A DIFFERENCE IN OUR CLIENTS’ CASES

CAR ACCIDENT

Result with Nicolet Law 
$1,200,000.00

CAR ACCIDENT

Offer before Nicolet Law
$50,000.00

SEMI-TRUCK ACCIDENT

Result with Nicolet Law 
$700,000.00

SEMI-TRUCK ACCIDENT

Offer before Nicolet Law
$75,000.00

SLIP AND FALL ACCIDENT

Result with Nicolet Law 
$180,000.00

SLIP AND FALL ACCIDENT

Offer before Nicolet Law
$5,000.00

PEDESTRIAN HIT BY CAR

Result with Nicolet Law 
$1,050,000.00

PEDESTRIAN HIT BY CAR

Offer before Nicolet Law
$0.00 - denial

DRUNK DRIVING ACCIDENT

Result with Nicolet Law 
$815,000.00

DRUNK DRIVING VICTIM

Offer before Nicolet Law
$0.00

UTV ACCIDENT

Result with Nicolet Law 
$250,000.00

UTV ACCIDENT

Offer before Nicolet Law
$5,000.00
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12 locations in Wisconsin and Minnesota to serve you

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Wisconsin Locations:

EAU CLAIRE:

402 Graham Ave.
Suite 305
Eau Claire, WI 54701

Phone: (715) 835-5959
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HUDSON:

517 2nd Street
Unit #205
Hudson, WI 54016

Phone: 715-226-6158
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LA CROSSE:

119 N 19th St S
La Crosse, WI 54601

Phone: 608-527-0876
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NEW RICHMOND:

1500 Madison Ave.
Suite 220
New Richmond, WI 54017

Phone: 715-226-6164
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RICE LAKE:
337 North Main Street
Rice Lake, WI 54868

Phone: (715) 790-1114
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RIVER FALLS:
215 S 2nd St #20
River Falls, WI 54022

Phone: (715) 716-5869
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SUPERIOR:
1200 Tower Ave.
Superior, WI 54880

Phone: (715) 718-2969
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WAUSAU:
408 3rd Street
Suite 303
Wausau, WI 54403

Phone: (715) 716-5092
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Minnesota Locations:

DULUTH:
306 West Superior Street,
Suite 606 West
Duluth, MN 55802

Phone: (218) 729-0628
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HIBBING:
Howard Court Bldg.
302 Howard Street, Suite 123
Hibbing, MN 55746

Phone: 218-217-0659
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MINNEAPOLIS:
225 South 6th Street
Suite 3900
Minneapolis, MN 55402
Phone: (608) 315-5639
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WOODBURY:
724 Bielenberg Drive
Suite 126
Woodbury, MN 55125

Phone: (651) 815-0017
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