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 discharged debts from the debtor after the case is dosed.
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 creditor will then be prohibited from collecting the discharged debts from the debtor after the case is closed. The new law does make exceptions to this rule, especially if you had previously filed a bankruptcy in the last year.
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) all lawsuits, attachments, garnishments, foreclosures, harassment on the telephone 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. A debtor who has previously filed a chapter 13 case has an automatic stay for only 30 days after commencement of the case unless the court extends the automatic stay upon request of the debtor for good cause. A debtor who has had two prior bankruptcy cases pending within a year will not have the automatic stay unless t
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 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 dosed.
Related Questions
- How does the filing of a Chapter 7 affect collection and other legal proceedings that have been filed against the debtor in other courts?
- How does the filing of a Chapter 13 case affect collection proceedings and foreclosures that are filed against the debtor?
- How does filing under chapter 13 affect collection proceedings and foreclosures previously filed against the debtor?
