Giving a Creditor “Adequate Protection”
To be able to keep your property that's collateral or security on a secured debt, you must give that secured creditor "adequate protection."
A Creditor’s Precautionary Motion about the Automatic Stay
A creditor might file a motion to avoid violating the stay, or to get permission to take some action other than collect a debt.
Challenging the Automatic Stay
A creditor might want to pay a claim through your insurance, or finish a lawsuit to establish that you got the debt through fraud.
A Creditor’s Challenge to the Automatic Stay to Pursue a Lawsuit
A creditor may ask the bankruptcy court to let another court finish a lawsuit about liability and/or the amount of damages.
What the IRS/State Can and Can’t Do After You File Bankruptcy
Filing bankruptcy stops tax collection just like it stops other debt collection by more conventional creditors. But there are exceptions.
Landlord’s Power over Bankruptcy to Evict Bad Tenants
A landlord can take possession of a rental fast if you're endangering the rental property or illegally using a controlled substance there.
Family Court Proceedings and Debts in Bankruptcy
Bankruptcy prevents or stops only certain limited divorce/family law proceedings. Others, including collection of ongoing support, continue.
Stopping Eviction from Your Rental through Bankruptcy
Filing bankruptcy can stop a residential rental eviction. But only if you file your bankruptcy case before a judgment of possession.
Limited Automatic Stay Protection for Unpaid Child/Spousal Support
Chapter 7 doesn't stop collection of unpaid support, but may enable you to catch up. Chapter 13 does stop this collection, conditionally.
No Automatic Stay after Multiple Prior Bankruptcy Filings
If you've had more than 1 case filed and dismissed within the last year, you'll need to show "good faith" to get automatic stay protection.
Prevent Losing the Automatic Stay Because of a Prior Bankruptcy Filing
Either 1) wait one year to file your bankruptcy case after getting a prior bankruptcy case dismissed or 2) justify why the dismissal happened.
Stop Student Loan Collections to Discharge or Deal with the Loan
Filing Chapter 7 stops a student loan garnishment and other collection activities. Then use "undue hardship' or focus on the student loan.
Stop IRS Garnishment to Start Installment Payment Plan
Filing Chapter 7 bankruptcy stops an IRS/state garnishment and other collection activities, even if it's for a tax you still have to pay.
Preventing Wage Garnishment through Bankruptcy
Filing bankruptcy protects your paycheck. It does so because federal bankruptcy prevents a state court wage garnishment order.
Does Hiring a Bankruptcy Lawyer Stop Collection Actions?
Hiring a bankruptcy lawyer can stop creditor phone calls and some other potentially very important collection actions against you.