The automatic stay is a federal law that allows someone who is temporarily homeless to remain in a safe, affordable housing situation until they can find permanent or affordable housing.
The automatic stay was created to help prevent people from being forced out of homeless camps and into homeless camps with inadequate housing. It also allows people who are vulnerable to chronic homelessness, such as the mentally ill, poor, and victims of abuse to obtain protections.
It also prevents eviction while allowing the person time to find a new place to live. The time it takes to apply and be reviewed by a judge is generally less than what it takes to get approved in the first place.
This article will go over how long it takes and whether it is necessary for persons in need of protection.
How long does the automatic bankruptcy stay remain in effect?
Most people assume that the automatic stay remains in effect for six months after a bankruptcy case is closed. However, this is not the case.
The stay is only in effect until the next court date at which time it can be removed or extended. This is due to a legal loophole called a automatic stay.
An automatic stay was created in 1977 when Congress passed the Bankruptcy Act. The purpose was to prevent people from being overly generous when giving money in a bankruptcy. It was considered too strong of a rule at the time so it was never enforced.
However, today, with social media and easy access to the courts, having an automatic stay in effect is very sensitively used.
The automatic bankruptcy stay remains in effect until the court disposes of the case
The automatic stay remains in effect if the bankruptcy case is dismissed, if the discharge becomes final, or if a modification of the discharge is granted.
If a modification of the discharge is granted, the automatic stay does not apply to any action taken by a court to enforce the modification. For example, if property is confiscated but money remains in escrow until a modification of the discharge is granted, then money cannot be released until the modified discharge applies and works.
The modified discharge must still be filed and reviewed by an attorney before any action can be taken on it. If it does work, then money will come out in time because the court ordered property to be released in accordance with what was donated.
Automatic bankruptcy stays may be modified by the court
The automatic stay can be removed by the bankruptcy court if there is a threat to the public or financial integrity of the bankruptcy case. This requires that there be a breach of trust between the debtor and everyone else involved in the case, including landlords, businesses, and other parties.
To remove the automatic stay, the court must find that it is no longer in defense of another person or entity. To make this determination, the court must look at whether there has been a change in circumstances that would indicate an improvement in behavior on the part of the debtor.
If a change in circumstances does not occur and continued bad behavior on the part of a debtors leads to default by reasoning with her would be extreme. The court may then decide to modify or remove their Stay to allow entry into bankruptcy.
Seek legal counsel before moving forward with a personal bankruptcy filing
When a credit card issuer or bank says the automatic stay feature will remain in effect for a certain amount of time after you make an online,phone,or live account update, that statement should be treated with caution.
There have been many cases where individuals were forced to come off of their credit cards due to lack of funds or support from their bank. The automatic stay feature cannot be supported without your assistance, so it must be removed when the move is made to enter a new Chapter 7 bankruptcy filing or new loan.
The new loan must have a lower credit limit than the previous one, which shows that you still appreciate what you have gotten from your previous loan. When entering a new Chapter 7 bankruptcy filing or new loan, seek the help of an attorney to make this move easier on you.