Instant Relief - Chapter 7 - Fresno Bankruptcy Lawyer

When you file for Chapter 7 bankruptcy in Fresno County, your case is covered by an automatic stay which prevents creditors from continuing their collection efforts against you. This automatic stay goes into effect at the moment you file, without any additional input necessary on your part, in most cases. The automatic stay has the power to stop all types of collection activities, including lawsuits, garnishments, repossessions, and even foreclosure in some cases. This means that you can get a break from the incessant creditor calls, letters, and emails demanding payment. It also means that if you are in danger of losing your home, filing for bankruptcy can give you a chance to negotiate with your lender in order to remain in your home and avoid foreclosure entirely. Even if you aren't able to make your mortgage payments, you may be able to arrange a short sale or deed in lieu while your bankruptcy case is pending.

For many individuals, the automatic stay is one of the most immediate and tangible benefits for filing for bankruptcy. The peace that comes from knowing you don't have to avoid answering the phone for fear that it's yet another collection call is priceless for many. While the benefits to the automatic stay are numerous, there are some rare instances in which the automatic stay will not go into effect. It may also be possible for a creditor to petition the court to have the automatic stay lifted in their particular case, however, most creditor requests of this nature are not approved. In general, you only have to worry about not having the protection of the automatic stay in two instances:

1.      You have had one or more bankruptcies dismissed in the past year. If you have had one bankruptcy case dismissed, you or your attorney must petition the court to have the automatic stay put into place, and it generally will not last for more than 30 days unless you also petition the court to have it extended. If you've had two or more bankruptcy cases dismissed in the past year, you generally cannot get the benefit of the automatic stay without special court intervention due to exceptional circumstances.

2.      Your bankruptcy case will not qualify for the protection of an automatic stay if your debts are the result of criminal activity such as willful tax evasion, money laundering, or other illegal acts.

Most individuals will not have to worry about the circumstances described above, and will be able to take full advantage of the bankruptcy process, including the automatic stay. However, if you have concerns about whether you'll qualify for the automatic stay, or whether your creditors might try to petition the court to have the stay lifted, you should speak with a reputable Fresno County Bankruptcy Lawyer as soon as possible. The more time that an attorney has to look over the facts in your case, the better the chances are that you will be able to enjoy the protection of the automatic stay.

Our premier Fresno County Bankruptcy Law Firm is exceptionally qualified to handle all types of bankruptcy cases, including those where the automatic stay may be a concern. We've helped clients throughout Fresno County to take advantage of bankruptcy protection and get a fresh start. Contact us today - we'll see up a free, no-risk, initial case evaluation to speak with you about your particular circumstances. Let us help you regain your peace of mind, and give you the protection you deserve when it comes to filing for Chapter 7 bankruptcy.