Automatic Stay In Bankruptcy

Bankruptcy’s Automatic Stay is an extremely powerful tool that protects you from debt collection during a case, though you can lose that protection under certain circumstances.  But first, what is the automatic stay and how do you get it? You get a stay automatically from the Court at the time a case is filed [bankruptcy […]

Bankruptcy and Arrest Warrants

by Nicholas Ortiz, Boston Bankruptcy Attorney

August 23, 2013

Bankruptcy has no effect on criminal arrest warrants. However, at least here in Massachusetts, civil arrest warrants are common when debts go unpaid, judgments unanswered, and supplementary process actions neglected. When matters get to this advanced stage, and a person who owes money continues to ignore court hearings, the court will issue a civil arrest […]

Credit cards file lawsuits to show they’re upset and they miss your payment.  If they win, they have a judgment against you.  It’s not unusual for debt collectors to say bankruptcy doesn’t “work” then.  They’re wrong! Bankruptcy filings stop collection of debt in its tracks.  That’s why debt collectors lie about it.  (You probably should […]

Bankruptcy can help in a lot of ways.  One less well-known benefit is to free up a copy of a college transcript to use for employment or future school applications, when you can’t afford to pay the college back right now. As of 2013, Americans owe more in student loan debt than credit cards.  And […]

The bankruptcy automatic stay is the first major benefit for the debtor when a case is commenced. Immediately after the filing fee is paid and a bankruptcy petition is filed, virtually every type of collection activity is called to a halt. An order is entered by the bankruptcy court under 11 USC §362 prohibiting nearly […]

A creditor with a security interest in property, such as a car, that is repossessed, must return the property after the owner files bankruptcy.   Failure to immediately return the property is a violation of the automatic stay, according to the In re Thompson case decision by the 7th Circuit Court of Appeals, a position pioneered […]