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January 27, 2012

A Las Vegas Attorney Gives Tips on Filing For Bankruptcy

Filed under: — Admin @ 10:13 pm

As a Las Vegas Lawyer I’m versed in working with both Chapter 7 and Chapter 13 bankruptcies. Unfortunately, Las vegas can be considered the Bankruptcy capital of the US. So, before considering a a Las Vegas Bankruptcy you need to know what bankruptcy can do for you. This post is a brief essay on the automatic stay in Bankruptcy. Upon declaring bankruptcy, as a debtor, an automatic stay is introduced. What an automatic stay prohibits creditors from doing certain actions. For example, once bankruptcy is filed a creditor can not due the following: Begin or continue a lawsuit towards you in any effort to collect the debts that you presumably owe. Continue with any collection calls. Once bankruptcy is filed a collection agency must cease and desist all attempts to collect any supposed debts. All repossessions must stop. Please be aware that if you’re behind on payments, filing a Chapter 7 bankruptcy can temporarily stop the repossession of your car. But, the stay is only short-term. The creditor’s can be able to reposess your car if they decide to file a request to lift the automatic stay. Declaring bankruptcy can stop the foreclosure sale of your property. Once again, with a chapter 7 bankruptcy, this is only temporary. A chapter 13 bankruptcy can afford you more protection in case your goal is to stop a foreclosure sale. Declaring bankruptcy can stop the garnishment of your wages. This automatic stay will last until the following: 1. At the request of the creditor, the judge may lift the automatic stay. 2. The item of property no longer belongs to the person filing for bankruptcy. 3. The debtor gets the discharge. This occurs during when a chapter 7 bankruptcy is filed and a foreclosure and /or repossession is briefly stopped. After the debtor gets a discharge a creditor is then free to purse repossession and foreclosure on the debtor’s property. So, with an automatic stay, a bankruptcy can allow you to get your economic affairs together, provide you relief from bothering calls from creditors, and stop the garnishing of your salary. But, remember in the case of a chapter 7 bankruptcy these results are only temporary. As a Las Vegas Bankruptcy Lawyer I’m versed in working with both Chapter 7 and Chapter 13 bankruptcies. Unfortunately, Las vegas can be considered the Bankruptcy capital of the US. So, before considering a a Las Vegas Bankruptcy you need to know what a bankruptcy does. This post is a brief essay on the automatic stay in Bankruptcy.

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