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What is an automatic stay?

Type: 
Understanding Bankruptcy FAQ
Answer: 

www.ganb.uscourts.gov/court-info/faq/filingwithoutattorney

The filing of a voluntary, joint, or involuntary petition under any chapter of the Bankruptcy Code automatically operates as a stay against the commencement or continuation of most judicial, administrative, or other proceedings against the debtor or property of the debtor's estate. The stay gives the Chapter 11 or Chapter 13 debtor "breathing time" for rehabilitation and gives the Chapter 7 Trustee the protection necessary for administering the assets of the estate and relieves the Chapter 7 debtor from the pressure of creditor collection efforts. During this time, creditors should not contact a debtor about debts or take action to recover property in which they claim a security interest.

There are also some limitations on the automatic stay if the debtor has had a previous case or cases dismissed under certain circumstances within the preceding twelve months. If a second case under these circumstances is filed, the stay as to some property will only be good for 30 days. If a third case is filed, then the automatic stay may not apply.

Group: 
Debtor Questions
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