Whether you file a Chapter 13 bankruptcy in Fort Lauderdale or a Chapter 7 bankruptcy in Pembroke Pines – the law is the same! The filing of the petition will invoke an “automatic stay” that will immediately stop any and all collection efforts that creditors may be undertaking at the moment that the bankruptcy petition is filed.
That includes collection actions such as wage garnishment, the freezing of your bank account, mortgage foreclosure, car repossession or any lawsuit regardless of what stage it is in. If a creditor is harassing you or taking legal action to collect their debt – the automatic stay stops them dead in their tracks.
Unless you have had a bankruptcy case dismissed within six months of filing a new one, the automatic stay goes into effect without any further action. If you had a Sunrise bankruptcy case dismissed within the last 180 days, then we have to file a Motion with the Court asking them to extend the automatic stay in the new Fort Lauderdale bankruptcy case. The automatic stay is one of the most powerful credit relief actions there is. It acts like a “STOP SIGN” that creditors can’t “run” or they will suffer consequences in bankruptcy court.
The bankruptcy automatic stay applies to just about every creditor collection action there is. However, it doesn’t apply to a few limited circumstances. For example, if you are in the middle of a child custody case or you have domestic support hearings pending that you’d rather put off – the automatic stay won’t help you. The automatic also won’t apply to most other family court related issues such as divorce and/or parenting matters.
If you are stopping a mortgage foreclosure with a bankruptcy filing, the automatic stay will immediately stop the foreclosure sale or the mortgage foreclosure case itself but in a Chapter 13 bankruptcy, the creditors can file a motion with the bankruptcy court in Fort Lauderdale and ask the court to remove the automatic stay for their matter. In a Pembroke Pines Chapter 13 bankruptcy, a creditor can also ask the court to lift the automatic stay in regards to your home or car but in most instances, they won’t because of the short duration of the case. Most Chapter 7 bankruptcy cases end within 4 to 6 months of filing so by the time they file the motion and set a hearing in front of the bankruptcy court, the case is over!
In Chapter 13, we can explore ways to save your home and catch up on your car payments but in Chapter 7, the automatic stay will still give you time to regroup and see if you can find a way to save your home or your car. If you decide that you’re better off without them in the long run, then we would surrender them in the Chapter 7 bankruptcy.
If you are running from the repo man in Coral Springs, or facing a foreclosure sale date on your Hollywood property – maybe you just found out from your Fort Lauderdale employer that your wages are garnished and want immediately protection, you have the power to stop it. We can file an emergency bankruptcy petition and stop your creditors immediately. No money for bankruptcy? No problem with us. We have many different payment options in our Cooper City bankruptcy office from zero money down bankruptcy to discounted pre-payment bankruptcy. Money will never be an obstacle to filing a bankruptcy in Broward County with the Bankruptcy Law Firm of Orfelia Mayor. Call today or book your free consultation online.