How does filing under chapter 13 affect collection proceedings and foreclosures previously filed against the debtor?
The filing of a chapter 13 case automatically stays (stops) all lawsuits, attachments, garnishments, foreclosures, and other actions by creditors against the debtor or the debtor’s property. A few days after the case is filed, the court will mail a notice to all creditors advising them of the automatic stay. Certain creditors may be notified sooner, if necessary. Most creditors are prohibited from proceeding against the debtor during the entire course of the chapter 13 case. If the debtor is later granted a chapter 13 discharge, the creditors will then be prohibited from collecting the discharge debts from the debtor after the case is closed.
The filing of a chapter 13 case automatically stays (stops) any lawsuits, attachments, garnishments, foreclosures, and other actions by creditors against the debtor or the debtor’s property. A few days after the case is filed, the court will mail a notice to all creditors advising them of the automatic stay. Certain creditors may be notified sooner, if necessary. Most creditors are prohibited from proceeding against the debtor during the entire course of the chapter 13 case. If the debtor is later granted a chapter 13 discharge, the creditors will then be prohibited from collecting the discharged debts from the debtor after the case is closed.
The filing of a chapter 13 case automatically stays (stops) an lawsuits, attachments, garnishments, foreclosures, and other actions by creditors against the debtor or the debtors property. A few days after the case is filed, the court will mail a notice to all creditors advising them of the automatic stay. Certain creditors may be notified sooner, if necessary. Most creditors are prohibited from proceeding against the debtor during the entire course of the chapter 13 case. If the debtor is later granted a chapter 13 discharge, the creditors will then be prohibited from collecting the discharged debts from the debtor after the case is dosed.
The filing of a Chapter 13 case immediately and automatically stays (stops) all lawsuits, attachments, garnishments, foreclosures, and other actions by Creditors against the Debtor or the Debtor’s property. Within a few days after the case is filed, the Court will mail a notice to all Creditors advising them of the automatic stay. Certain Creditors may be notified sooner, if necessary. Most Creditors are prohibited from proceeding against the Debtor during the entire course of the Chapter 13 case. If the Debtor is later granted a Chapter 13 discharge, the Creditors will then be forever prohibited from collecting the discharged debts from the Debtor after the case is closed. The role of the Debtor’s attorney in a Chapter 13 case The Debtor’s attorney will typically perform some or all of the following functions in Chapter 13 cases: • Examining the Debtor’s financial situation and determining whether Chapter 13 is a feasible alternative for the Debtor, and if so, whether a single or join
Related Questions
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- How does filing under chapter 13 affect collection proceedings and foreclosures previously filed against the debtor?
