Stop Actions in Bankruptcy
Immediate Protection When It Matters Most
Stop Foreclosure
Whether from job loss or mounting debt, you may be at risk of losing your home. The Bankruptcy Code can provide time and protection to work out a solution—but acting early is critical.
Chapter 7 offers a temporary delay via Automatic Stay giving you time to find new housing or negotiate a settlement. Chapter 13 stops the process permanently via a repayment plan over 3 - 5 years. Foreclosure will resume if the payments are missed.
Starting the process before a judgment is entered can make a significant difference.
Stop Eviction
The automatic stay in bankruptcy can prevent your landlord from either beginning or continuing with eviction proceedings. Summary process in the Housing Court can move very quickly. Do not lose your rights by delay.
Asset Protection
Exemption laws, whether state or federal bankruptcy exemptions, may protect your assets from being taken or sold by your bankruptcy trustee. The application of exemption laws for certain property – including your home – is complex and requires careful consideration and experience.
In Chapter 7 the trustee can sell your non-exempt property to pay creditors. Expert counsel can help avoid this.
Chapter 13 lets you keep all your property, but you must pay for the non-exempt portion over time.
Stop Repossession
Behind on your car loan? Bankruptcy can stop the repossession and a petition in chapter 13 may provide needed relief to allow you to catch up your payments over time.
Remove Judgement Liens
In some cases, bankruptcy can eliminate judgment liens that impair protected property, including your home. This can restore equity and prevent creditors from enforcing those liens in the future. Proper evaluation is necessary to determine eligibility and timing.
Chapter 7 needs a separate Motion to Avoid a Judicial Lien filed with the court. Chapter 13 this is often handled within your payment plan.
Stop Wage Garnishment
The filing of a bankrutpcy petition causes an automatic stay. Wage garnishments end as of that day.