Automatic Bankruptcy Stay

Law Office of John Bristol - 1776 N. Pine Island Road, #224, Plantation, Florida 33322 (954) 475-2265

Since 1988, Fort Lauderdale Bankruptcy Attorney Center of John Bristol has filed more than 5,000 consumer Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Cases in the Fort Lauderdale area (the Southern District of Florida). As a Fort Lauderdale Bankruptcy Attorney; John concentrates his Bankruptcy law practice only in Broward County. We offer PAYMENT PLANS and give FREE CONSULTATIONS (954) 475-2265

The automatic Bankruptcy filing "automatically stay" (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362. But filing bankruptcy not automatic stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The bankruptcy filing automatic bankruptcy stay arises by operation of law and requires no judicial action. As long as the automatic bankruptcy stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The Fort Lauderdale bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

Between 21 and 40 days after the petition is filed, the clerk of court schedules (described below) a meeting of creditors. If the U.S.  administrator schedules the meeting at a place that does not have regular administrator staffing, the meeting may be held no more than 60 days after the order for relief. Fed. R. Bankr. P. 2003(a). During this Fort Lauderdale automatic bankruptcy stay meeting, the debtor is put under oath and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor's financial affairs and property. 11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors' meeting and answer questions. Within 10 days of the creditors' meeting, the Court administrator in a Fort Lauderdale Bankruptcy case will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).  Fort Lauderdale Bankruptcy Attorney Bristol will attend the meeting of creditors with you

Once the automatic bankruptcy  stay is in place, it is important for the debtor to cooperate with the Court and to provide any financial records or documents that the Fort Lauderdale Bankruptcy Court requests. The Bankruptcy filing requires the ask the debtor who is questioned at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in a Fort Lauderdale bankruptcy filing such as the effect on credit history, the ability to file a petition under a chapter 7 bankruptcy or chapter 13 bankruptcy, the effect of receiving a discharge, and the effect of reaffirming a debt. Some Courts provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors but Fort Lauderdale Bankruptcy attorney Bristol will attend the meeting of creditors with you. 11 U.S.C. § 341(c).  For More Information about the automatic bankruptcy stay  See US


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Chapter 7 Bankruptcy Or Chapter 13 Bankruptcy

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Fort Lauderdale Bankruptcy Attorney John Bristol has filed more than 10,000 Bankruptcy cases in Florida since 1988. We concentrate Now our law practice on Chapter 7 Bankruptcy (liquidation) and Chapter 13 Bankruptcy (personal reorganization) cases in the Fort Lauderdale and Broward County area

If You Have Any Questions Please Contact Us

In a United States bankruptcy filing, an automatic bankruptcy stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who declare bankruptcy. Under section 362 of the United States Bankruptcy filing, the stay begins at the moment of the the bankruptcy filing. Secured creditors may, however, petition the bankruptcy court for relief from the automatic stay upon a showing of cause. A filed bankruptcy petition immediately operates as an automatic stay, holding in abeyance various forms of creditor action against the debtor. Automatic bankruptcy stay provisions work to protect the debtor against certain actions from the creditor, including: beginning or continuing judicial proceedings against the debtor; actions to obtain debtor's property; actions to create, perfect or enforce a lien against a debtor's property set-off of indebtedness owed to the debtor before commencement of the filing bankruptcy proceeding.

In a Fort Lauderdale Bankruptcy filing A court may give a creditor relief from the stay if the creditor can show that the stay does not give the creditor "adequate protection" or if it jeopardizes the creditor's interest in certain property. The court may give relief to the creditor in the form of periodic cash payments or an additional or replacement lien on the property. Concerned that debtors may exploit some of the advantages of automatic stay provisions, the United States Congress in 1994 provided some relief to certain creditors, such as creditors having a secured interest in a single real estate asset. Congress required that debtors in this situation either file a plan that has a reasonable chance of being accepted within a reasonable amount of time, or make monthly payments to each such secured creditor in the amount equal to interest at a current fair market rate on the value of the creditor's real estate.

The Fort Lauderdale Bankruptcy Attorney Center

Law Office is on the Corner of Sunrise Boulevard and Pine Island Road

From I 95: Take Sunrise Boulevard West to Pine Island Road

From I 595: Take Pine Island Road North to Sunrise Boulevard

1776 N. Pine Island Road, #224

Plantation, Florida 33322

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The Law Office of John Bristol, 1776 N. Pine Island Road, #224, Plantation, Florida 33322 is a debt relief agency.  We help people file for bankruptcy relief under the Bankruptcy Code.  Disclosure: The hiring of a lawyer is an important decision that should not be based solely on advertising.  Before you decide please ask us for information concerning out qualifications and experience

Serving Locations

Coral Springs, Dania, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderhill, Margate
Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac