logo Patrick McBurney

Bankruptcy Automatic Stay


Bankruptcy Automatic Stay Attorney in Othello, WA

Do you want to put a stop to creditor harassment, collection actions, garnishments, or a home foreclosure? Allow our Othello, Washington bankruptcy attorneys to assist you in establishing an automatic stay.

We understand the complexities of the bankruptcy process. By hiring Patrick McBurney Law Office, you get more than just legal advice-you get a knowledgeable and well-versed advocate on your side. 

Patrick McBurney has represented both consumer and business bankruptcy clients over the years and has earned the trust of the legal community.

Why do I need a Bankruptcy Automatic Stay Attorney in Othello, WA?

 bankruptcy automatic stay attorney othello, waYou don’t have to worry about the bankruptcy process anymore; McBurney Law Office’s bankruptcy automatic stay attorney is here to help.

Although filing for an automatic stay in bankruptcy might seem straightforward at first glance, it can be a complex and tedious process. This is why our attorneys take the time to work with you to prepare your petition correctly. If you have been completely honest with us and have correctly prepared your petition, you have nothing to worry about.

Every year, our Othello bankruptcy attorney successfully file several bankruptcy petitions. Furthermore, very few cases have any significant issues raised in their bankruptcy petition for an automatic stay. 

Patrick McBurney is an experienced bankruptcy attorney who assists individuals in financial distress in Othello, Washington, by stopping debt collectors and harassment of creditors. He envisions that his client will be able to establish a fresh start in life and business. 

The McBurney Law Office also has 26 years of experience and a track record in filing bankruptcy cases under Chapter 7, Chapter 11, and Chapter 13, which leaves clients debt-free and restored families.

What is an Automatic Stay in Bankruptcy?

When a bankruptcy petition is filed, an order known as the “Automatic Stay” is issued. This prevents creditors from taking most collection actions. The stay is granted by law and does not require judicial intervention. 

Creditors or collection agencies may not initiate or continue lawsuits, wage garnishments, or even phone calls demanding payment while the stay is in effect. The bankruptcy clerk serves notice on all creditors whose names and addresses are provided by the debtor.

Actions Covered by Bankruptcy Automatic Stay

  • Contacting the debtor by telephone, mail, or otherwise to demand repayment; 
  • Taking actions to collect money or obtain property from the debtor; 
  • Repossessing the debtor’s property; 
  • Starting or continuing lawsuits or foreclosures; and 
  • Garnishing the debtor’s wages. 

Effect of Bankruptcy Automatic Stay on Creditors upon Notice

If a debt collector receives notice of the bankruptcy and collects or attempts to collect a debt, the creditor may be penalized for attorneys’ fees and any damages caused. 

Suppose a creditor discovers your bankruptcy and repossesses a car. In that case, they can be forced to pay any costs you incur, such as car rental fees, parking, cabs, emotional distress, and attorneys’ fees. They may also be ordered to pay punitive damages. They must, however, have been aware of the bankruptcy. 

When you file your case, you must provide accurate and up-to-date contact information for creditors. Even if they did not have notice, if a creditor receives notice after attempting to collect a debt, they must halt collection efforts and correct any stay violations, such as returning garnished wages.

Duration of Bankruptcy Automatic Stay

The automatic stay will remain in effect until the bankruptcy is discharged and closed. On the other hand, creditors can ask the court to adjust the automatic stay. If you do not make payments on a house or car in a Chapter 7 bankruptcy, they can request the court to adjust the stay so that repossession or foreclosure can occur. 

Meanwhile, mortgage and car loan payments should be included in a Chapter 13 bankruptcy plan. If the plan does not work, the debtor does not make trustee payments, or the property is not insured, the creditor may petition the court to modify the stay.

Can a Creditor Request the Court to Modify the Bankruptcy Automatic Stay?

Section 362 of the bankruptcy code, which governs the automatic stay, simply states that it can be modified “for cause,” which means for a good reason.

A creditor may request that the bankruptcy court modify the automatic stay, allowing them to continue debt collection. This indicates that a mortgage or car company wishes to continue foreclosure or repossession. You must be current on mortgages or car loans in a Chapter 7 case, or the creditor can modify the automatic stay in as little as a month.

However, in Chapter 13, creditors cannot request to modify the stay unless your plan does not provide payments to them. They can convince the judge that your plan will not work, you are behind on payments, or you are not keeping the property insured. Other reasons for modifying the stay exist; one of our bankruptcy attorneys can help you determine if any of these apply to you. 

What if the Creditor does not Receive a Notice of Automatic Stay?

If a creditor fails to receive a notice and collects a debt after the bankruptcy filing, they must return the money or property. However, they will not be sanctioned You must accurately list all of your creditors’ addresses so that the bankruptcy court can serve them with notice. If an emergency arises, you or your bankruptcy attorney can provide notice to the creditor without waiting for the bankruptcy court to mail it, which can take several days.

Please schedule a Consultation with our Experienced Bankruptcy Automatic Stay Attorney Now!

Going through bankruptcy is already an exhausting matter. The stress is added by creditors who would most likely harass you in paying for your debt. For this reason, you should leave your worries to a capable bankruptcy attorney.

Successfully navigating through an automatic bankruptcy stay in Othello, Washington, requires a deep knowledge of this bankruptcy process, a good strategy, and a seasoned experience to know how to go through it. A missed deadline, misfiled form, or inexperienced representation could lead to the abrupt termination of your bankruptcy automatic stay. That’s why finding reliable counsel is essential.

For years, Patrick McBurney Law Office has successfully practiced bankruptcy law for hundreds of clients.

Our success is in our clients that we have been able to improve their lives through compassionate and thorough counseling and representation. 

Patrick McBurney will be your advocate and guide through what can be a complex process. Schedule a consultation now to discuss your bankruptcy case!