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What Is An Order For Relief In Bankruptcy

An order for relief in bankruptcy refers to a court-issued order that initiates the bankruptcy process for an individual or entity. It is typically granted by a bankruptcy court in response to a bankruptcy petition filed by the debtor or their creditors. When a debtor files for bankruptcy under either Chapter 7 or Chapter 11 of the United States Bankruptcy Code, they submit a petition to the bankruptcy court. Once filed the Court it issues an order for relief. The order for relief has several significant effects: Automatic stay: Upon the issuance of an order for relief, an automatic stay goes into effect....

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How does filing bankruptcy immediately protect you?

The bankruptcy automatic stay goes into effect immediately upon the filing of a bankruptcy petition. It is one of the most powerful features of bankruptcy law and provides debtors with immediate relief from creditor collection efforts. When a bankruptcy case is filed, the automatic stay imposes a legal injunction that halts most types of collection activities by creditors. This means that creditors are prohibited from taking any further action to collect debts, including filing or continuing lawsuits, garnishing wages, repossessing property, or making harassing phone calls. The automatic stay is designed to provide debtors with a breathing space, allowing them to...

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The Automatic Stay Stops All Collections

The automatic stay is a fundamental protection afforded to debtors upon filing for bankruptcy. It serves as a powerful shield, providing the debtor with immediate relief and several key benefits. Here's how the automatic stay protects a debtor in bankruptcy: 1. Halts creditor actions: The automatic stay immediately stops most collection actions and legal proceedings against the debtor or the debtor's property. This includes actions such as lawsuits, foreclosures, repossessions, garnishments, and creditor harassment. The stay ensures that creditors cannot continue their collection efforts or take any further legal action without permission from the bankruptcy court. 2. Provides breathing room: By imposing...

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