Automatic Stay U.S. Bankruptcy – Arizona

Irrespective of the petitioner’s choice of chapter of the bankruptcy code, when an individual files for bankruptcy, he or she triggers an automatic stay that immediately puts a stop on the actions by creditors against himself / herself (debtor) and his / her (debtor’s) property (see 11 U.S.C. § 362).  An automatic stay has the potential to protect the debtors against any and all attempts from the creditors to collect debts, at least for the time being. Chapter 13 of the bankruptcy code, goes one step ahead, and protects the debtors as well as the co-debtors. Conversely, secured creditors may explore their option of petitioning the bankruptcy court for respite from the automatic stay by showing an applicable clause.
An automatic stay can protect you from new or existing law suits, collection calls from creditors, foreclosures, repossessions and levies. However, the automatic stay does not take care of everything for you. It is of very little help in the following cases:

Tax Proceedings

The IRS has the power to audit and issue a tax deficiency notice against you, insist for a tax return, issue and demand payment of a tax assessment. However, an automatic stay does have the authority to impede the IRS from initiating a tax alien or confiscating your income or property.

Support Actions

A bankruptcy petition does not protect you against a lawsuit that seeks to establish paternity, or collect child support or alimony.

Criminal Trials

If there is a criminal component to any trial or proceeding against you, then the criminal component does not get affected by the automatic stay.

Loans from Specific Types of Pensions

The debts that arise from loans on majority of the job-related pensions as well as IRAs, does not get impacted due to an automatic stay. In simpler terms, an automatic stay does not protect you from the money getting withheld from your earnings for the repayment of the loan.

Case of Repeat Filings

In the instance of multiple or repeat filings, debtors who have one case pending in the previous year only get an automatic stay of 30 days. Similarly, debtors who have two or more than two cases pending or dismissed in the preceding years do not get the stay at all. If you fall under one of these two categories, then you will have to seek a stay from the court to enjoy the protection bestowed by an automatic stay.

How Long Does the Automatic Stay Remain Effective

The automatic stay stays effective as long as the judge does not lift the stay; the debtor obtains a discharge or until the item of property is no longer belongs to the estate.  A bankruptcy attorney can help you with more information on how the automatic stay is applicable on your situation.