Protections of the Automatic Stay – Columbus GA bankruptcy attorneys

Protections of the Automatic Stay – Columbus GA bankruptcy attorneys
Chapter 11 lawyer Columbus

Eviction – If you are being evicted from your household, the automatic stay may provide some assistance however the new bankruptcy regulations makes it easier for landlords to proceed with evictions. If your landlord already has a decree of possession against you when you file, the automatic stay will not stall the eviction proceedings; the landlord can continue just as if you never filed for bankruptcy. And if the landlord alleges that you have been endangering the property or using controlled substances there, the automatic stay shall not do you much good, either.

In other cases, the automatic stay might get you a few days or weeks, but the landlord will probably petition the court to lift the stay and allow the eviction and the court will probably allow the eviction.

Collection of overpayments of public benefits – If you receive public benefits and were overpaid, usually the agency is entitled to collect the overpayment out of your future checks. The automatic stay stops this collection. Yet, if you become ineligible for benefits, the automatic stay does not stop the agency from denying or terminating benefits for that reason.

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