The filing of a bankruptcy petition automatically stays (stops) most actions against the debtor or the debtor's property, such as collections, foreclosures and repossessions. It is called "automatic" because the stay typically begins automatically at the time the bankruptcy case is filed with the Clerk's Office. There are certain exceptions to the automatic stay, such as if you have filed bankruptcy in the past and your case was dismissed (depending on the number of cases and the time period since dismissal of the previous case). Once the stay is in place, creditors are prohibited from taking certain actions against a debtor without permission from the Court. Some creditors, particularly those involved with repossessions or foreclosures, may immediately file a motion to lift the automatic stay with the Court to seek the ability to go forward with foreclosure or repossession actions. The legal authority for obtaining relief from the automatic stay can be found in section 362 of the Bankruptcy Code. See 11 U.S.C. § 362(d), Fed. R. Bankr. P. 4001.
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Creditor
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