Automatic Stay In Bankruptcy

06 Mar After Bankruptcy Filing, Beware of Phony Debt Collectors Who Threaten Arrest!

Folks frequently come in to talk about bankruptcy and are very concerned that an arrest warrant may be issued as they haven't paid their debts -- either before filing bankruptcy or even after filing for bankruptcy. They have heard about phone calls or emails from debt collectors (or have even gotten those kind of threats) where the debt collector, usually one with a heavy accent, threatens immediate arrest for non-payment of a debt. This debt is usually an old payday loan or small debt that the debtor may have long forgotten. These phone calls are intimidating and threatening. However, arrest is unlikely in most circumstances says Jonathan Ginsberg, Atlanta bankruptcy attorney.
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06 Dec Stopping Wage Garnishment Through Bankruptcy: Make Sure To Get The Timing Right

When a creditor obtains a court judgment against a debtor, wage garnishmentcan be soon to follow. Most persons subjected to wage garnishment will consult a lawyer to see ifit can be stopped, and many of those will file either chapter 7 or chapter 13 bankruptcy...

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07 Jul Repeat Chapter 13 Filer May Obtain Extension of Bankruptcy Stay Through Terms of Chapter 13 Plan

A U.S. bankruptcy court in California agreed with a chapter 13 debtor that the terms of his chapter 13 plan could prevent a foreclosure, even though he had previously filed a chapter 13 which was dismissed in the one year prior to his second case. Mortgage bankswill consider this ruling to be an "end run" around the strictures of 11 U.S.C. section 362(c)(3)(A), especially because the debtor in this case failed to make a timely motion to extend the bankruptcy stay pursuant to section 362(c)(3)(B). Section 362(c)(3)(B) provides that in a bankruptcy case filed within one year of a prior case, the stay expires after 30 days, unless the debtor files a motion to extend the stay prior toits expiration. Normally, a mortgage bank is permitted to foreclose once the stay is terminated.
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