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Automatic Stays

Automatic Stays in Oregon

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When you file for bankruptcy, you may be able to stop or "stay" certain collection actions. These automatic stays are put in place to protect you while your bankruptcy case is pending. There are several types of automatic stays that you can take advantage of, including:

  • A stay of foreclosure proceedings
  • A stay of wage garnishments
  • A stay of creditor harassment
  • A stay of repossessions and vehicle liens
  • A stay of utility shut-offs
  • A stay of evictions

To discuss automatic stays with one of our experienced Portland bankruptcy lawyers, contact Vanden Bos & Chapman, LLP today.

How Automatic Stays Work

Automatic stays are automatically put in place when you file for bankruptcy. They will stay, or stop, any collection actions until the bankruptcy court rules on your case. Automatic stays are designed to protect you while your bankruptcy case is pending. It is imperative that you understand how automatic stays work, as well as how to request a stay if you need one.

Automatic stays can be requested by you or the bankruptcy trustee, and they are often requested at the 341 meeting of creditors.

The trustee will request an automatic stay of:

  • Repossession of your property
  • Evictions
  • Utility shut-offs
  • Wage garnishments
  • Creditor harassment

You will request an automatic stay of foreclosure, repossession, and vehicle liens. Automatic stays are also put in place when you file for bankruptcy. These stays will protect you from collection actions until your bankruptcy case is over.

Foreclosure Stays in Oregon

If you are facing a foreclosure, an automatic stay will stop the foreclosure proceedings until your bankruptcy case is over. A foreclosure stay will stop the bank from selling your home until your bankruptcy case is over. It will also stop the bank from evicting you from your home. If you are facing a foreclosure, it is important that you contact an experienced bankruptcy attorney to discuss how to request a foreclosure stay.

Wage Garnishment Stays

If you are being garnished by your employer, you can request an automatic stay of garnishment. This stay will stop your employer from deducting money from your paycheck to pay your creditors. If you are being garnished by your employer, it is important that you contact an experienced bankruptcy attorney to discuss how to request a wage garnishment stay.

Creditor Harassment Stays

If you are being harassed by your creditors, you can request an automatic stay of creditor harassment. This stay will stop creditors from contacting you or coming to your home. It will also stop creditors from calling you at work or sending you mail. If you are being harassed by your creditors, it is important that you contact an experienced bankruptcy attorney to discuss how to request a creditor harassment stay.

Repossession Stays

If you are facing repossession of your vehicle, you can request an automatic stay of repossession. This stay will stop the lender from repossessing your vehicle. If you are facing repossession of your vehicle, it is important that you contact an experienced bankruptcy attorney to discuss how to request a repossession stay.

Utility Shut-Off Stays

If your utilities are being shut-off, you can request an automatic stay of utility shut-offs. This stay will stop your utility companies from shutting off your utilities. If your utilities are being shut-off, it is important that you contact an experienced bankruptcy attorney to discuss how to request a utility shut-off stay.

Eviction Stays

If you are being evicted from your home, you can request an automatic stay of eviction. This stay will stop your landlord from evicting you from your home. If you are being evicted from your home, it is important that you contact an experienced bankruptcy attorney to discuss how to request an eviction stay.

Additional Automatic Stays

In addition to the automatic stays discussed above, you can also request an automatic stay of:

  • Creditor harassment
  • Repossession of personal property
  • Wage garnishment

If you need an automatic stay of any of these actions, it is important that you contact an experienced bankruptcy attorney to discuss how to request a stay.

How to Request Automatic Stays

You can request an automatic stay by filing a motion with the bankruptcy court. You will need to include a declaration stating that you have filed for bankruptcy. You will also need to include a copy of your bankruptcy schedules and a copy of your bankruptcy petition.

Contact Vanden Bos & Chapman, LLP online or at (503) 664-3134 today to get an automatic stay in Portland, OR.

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