Woodland Hills Automatic Stay Attorneys
Assisting Clients With The Automatic Stay Process in California
In the intricate realm of bankruptcy law, navigating the complexities of automatic stays requires a seasoned professional with a profound understanding of both federal statutes and local nuances. At Cal West Law, our automatic stay attorney in Woodland Hills stands as a steadfast ally in securing the sanctuary of automatic stays. We pride ourselves on delivering tailored solutions, steadfast support, and unwavering dedication to the financial well-being of our clients, ensuring a strategic defense against the tumultuous challenges of bankruptcy proceedings.
For over two decades, the legal team at Cal West Law has been helping Southern California residents get creditors off their backs for good. Speak to us during a free consultation by dialing (818) 446-1334.
What is "Automatic Stay?"
One of the worst things about being mired in debt is the constant harassment one receives at the hands of creditors and bill collectors. Fortunately, under Section 362 of the United States Bankruptcy Code, most creditors must cease and desist all collection activities the moment you file for Chapter 7 or Chapter 13 bankruptcy.
This is what's referred to as an "automatic stay," and it can be very helpful for anyone who's fallen behind on credit card payments, mortgage payments, rent, utility bills, etc. If you are struggling with debt and are tired of getting harassing phone calls at all hours of the day, filing for bankruptcy may be in your best interest.
Before you take such a decisive step, it would be a good idea to speak with an experienced debt relief attorney who can go over all of the options available to you.
What Does an Automatic Stay Do?
When you file for bankruptcy, an automatic stay will:
- Stop all wage garnishments, allowing you to take home your full paycheck.
- Prevent any government agency from taking back overpayment of public benefits.
- Temporarily stall eviction proceedings, giving you a few more days to come up with rent.
- Temporarily halt foreclosure proceedings. If you wish to permanently keep you home, you’ll want to file for Chapter 13 bankruptcy as opposed to Chapter 7 bankruptcy.
- Prevent your utilities from being turned off or disconnected for at least 20 days, which is a long time to be without electricity or gas during the winter.
What Automatic Stay Cannot Stop or Prevent
Unfortunately, an automatic stay cannot:
- Stop your wages from being garnished if you took out a loan against your pension.
- Prevent the Internal Revenue Service from auditing you, issuing a tax deficiency against you, demanding a tax return from you, or issuing a tax assessment against you.
- Prevent you from being ordered to pay child support.
- Protect you from certain criminal penalties. For instance, if a judge sentences you to six days in jail and fines you $1,000, you won’t have to pay the fine but will have to serve your time in jail.
An automatic stay is a good tool for getting creditors off your back, but there are still ways bill collectors can get around it. They may go to court and request that the automatic stay be lifted.
Contact Our Automatic Stay Attorney in Woodland Hills Today
This is why you need the representation of a seasoned bankruptcy attorney. Deciding whether to file for bankruptcy and what type of bankruptcy to file is one of the biggest financial decisions you will make in your lifetime.
We strive to make the bankruptcy process as smooth and simple for you as possible. Reach out to our firm today to schedule a free in-person or virtual consultation today.