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What does notice of stay in bankruptcy-Attorney for Plantiff

Grayson, GA |

Debit Buyer

Attorney Answers 4


It just lets the person know that there is a bankruptcy filed.

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It also stays any collection efforts.

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Your question appears incomplete. Are you the attorney for a creditor?

In any event the filing of a bankruptcy creates an automatic stay {injunction] against almost any collection effort. The stay is very broad and the consequences of violating it even if you do not have formal notice can be severe. Consult a bankruptcy attorney,

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Whenever a bankruptcy is filed, except in cases where the debtor has filed two or more previous bankruptcy cases and had them dismissed within the year, the automatic stay goes into effect. This stay acts as a barrier between the debtor and all creditors. With very few exceptions, no creditor can contact the debtor, sue the debtor, continue legal actions or lawsuits which were pending, or make any attempt to collect the debt other than by going through the bankruptcy court. A Notice of Stay is a pleading which is filed in State Court actions to let that Court know that a bankruptcy has been filed, and that no other action should be taken on the State Court case until the stay is lifted by the bankruptcy court via order or when the bankruptcy case is closed. After that, the bankruptcy discharge prevents further collection efforts. If you are a creditor who bought the debt, you need to stop everything and seek the advice of a bankruptcy attorney as to what you can and can't do from this point forward, determine what rights you have in the bankruptcy court case, and assess whether it is worth the money to pursue this matter further.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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