Automatic Stay Attorney in Las Vegas

Helping Clients Through the Automatic Stay Process in Nevada

At Fox, Imes & Crosby, LLC, we understand the importance of the automatic stay in the bankruptcy process. We are dedicated to helping our clients get the full benefit of the automatic stay and protect their assets from creditors. Whether you are filing for Chapter 7 or Chapter 13 bankruptcy, we can guide you through the process and ensure that your rights are protected.

Call us at (702) 941-6320 to speak with our automatic stay lawyer in Las Vegas!

What is an Automatic Stay?

When you file for bankruptcy, an automatic stay goes into effect immediately. This stay is a court order that prohibits creditors from taking any collection actions against you, including phone calls, letters, lawsuits, foreclosures, wage garnishments, and bank levies. The purpose of the automatic stay is to give you a breathing spell and a fresh start by stopping the chaos and harassment of debt collectors.

How Does an Automatic Stay Work?

When you file for bankruptcy under Chapter 7 or Chapter 13, the court immediately issues an automatic stay. This stay is considered a legal injunction that halts most collection activities by creditors. It provides instant relief from creditor harassment, wage garnishments, and other collection efforts, offering you a respite to reorganize your finances or liquidate assets in an orderly.

Once the automatic stay is in effect, creditors must cease all collection efforts. This includes phone calls, letters, lawsuits, wage garnishments, and repossessions. Even foreclosure proceedings on your home must be paused. The automatic stay gives you the breathing room to address your debts without the pressure of ongoing collection activities.

Chapter 7 Bankruptcy & Automatic Stay

In Chapter 7 bankruptcy, the automatic stay usually lasts for the duration of the case, which is typically three to four months. During this time, creditors cannot continue their collection efforts or try to collect any debts that were discharged in the bankruptcy. However, there are some exceptions to the automatic stay, such as criminal proceedings, tax audits, and certain actions by the trustee.

Chapter 13 Bankruptcy & Automatic Stay

In Chapter 13 bankruptcy, the automatic stay lasts for the duration of the repayment plan, which is usually three to five years. During this time, creditors cannot continue their collection efforts or try to collect any debts that are included in the plan. However, there are some exceptions to the automatic stay, such as criminal proceedings, tax audits, and certain actions by the trustee.

Exceptions to the Automatic Stay

While the automatic stay offers broad protection, there are notable exceptions. The automatic stay does not halt certain debts and legal actions. These include:

• Criminal proceedings
• Child support and alimony payments
• Tax audits and certain tax liabilities
• Pension loans

Understanding these exceptions is crucial to managing your expectations and legal strategy during bankruptcy. We will ensure you are fully informed about which debts are covered by the stay and which are not.

Contact Our Las Vegas Automatic Stay Lawyer Today

If you are considering filing for bankruptcy or have already filed, it is important to understand the automatic stay and how it can protect you from creditors. At Fox, Imes & Crosby, LLC, we have the experience and knowledge to help you navigate the bankruptcy process and get the full benefit of the automatic stay. Contact us today to schedule a consultation and get started on the path to financial freedom and debt relief.

Call us at (702) 941-6320 to speak with our automatic stay attorney in Las Vegas!