Fresno County Bankruptcy - Instant Relief - Chapter 13

If you're inundated with collection calls and payment notices, or if you're facing wage garnishment, repossessions, or even foreclosure, filing for Chapter 13 bankruptcy in Fresno County may be the best possible solution to your problems.  When your Chapter 13 bankruptcy filing is accepted by the court, an automatic stay goes into effect, blocking collection attempts, repossessions, and even lawsuits and foreclosure proceedings. You gain instant relief from your creditors and their collection activities, no matter how much you owe. This protection lasts throughout your bankruptcy proceedings, keeping you and your assets safe while you work to get your finances back in order. When your bankruptcy is discharged, the automatic stay is replaced by a permanent injunction, barring creditors from pursuing further collection attempts on the debts that have been discharged through bankruptcy.

Filing for Chapter 13 bankruptcy can also protect your cosigners and joint account holders from collection attempts. In addition to protecting you, the automatic stay will prevent creditors with which you have joint accounts from attempting to collect the debt from the cosigner or co-debtor. This can be particularly beneficial when one spouse files for bankruptcy, or if you have friends and/or relatives who cosigned on your loans or other financial obligations. By filing for Chapter 13 bankruptcy, you protect not only yourself, but any others who may be financially responsible for those debts as well.

If you're facing foreclosure and you need time to negotiate with your mortgage lender - either to make up the missed payments or to arrange a short sale or deed in lieu - filing for Chapter 13 bankruptcy in Fresno County may give you the additional time that you need in order to make arrangements. Because the automatic stay will put a temporary halt to the foreclosure proceedings, you will have more time to speak with your lender and work out repayment arrangements. If you know that you cannot keep your home, this additional time can be spent on attempting a short sale or deed in lieu to prevent having a foreclosure on your credit report.

While the benefits of Chapter 13 bankruptcy's automatic stay are numerous, there are certain instances in which a person cannot take advantage of the protections of the automatic stay. If an individual has had a bankruptcy case dismissed by the court in the 12 months prior to the new bankruptcy filing, then the automatic stay will not go into effect. Instead, the person must petition the court to have the automatic stay granted - this can be done by the person, or if the person has legal representation, then the lawyer can petition the court on the person's behalf. This automatic stay will expire after 30 days, unless the court is petitioned again to extend the time. If the person has had 2 or more bankruptcies dismissed in the past year, then the person generally cannot receive any protection under the automatic stay. 

Because the protection of the automatic stay is so important, you cannot risk having your bankruptcy case dismissed due to an error or incomplete filing. You need your Fresno County Chapter 13 bankruptcy filed properly the first time - without any complications or delays. Our office will provide you with solid legal advice, timely filings, and expert representation when it comes to your Fresno County Chapter 13 bankruptcy case. We even offer a free, no risk, initial case evaluation designed to help you better understand bankruptcy laws and how they apply to your particular situation. Contact us today and get the legal advice you need, and the protection that you deserve. Don't wait - the sooner you contact us, the sooner you can begin taking advantage of the protections that Chapter 13 bankruptcy and the automatic stay have to offer.