Benefits of the Automatic Stay – Richmond County GA bankruptcy law firm

by admin on December 31, 2009

Benefits of the Automatic Stay – Richmond County GA bankruptcy law firm

Augusta bankruptcy law firm

Eviction – If you are being evicted from your home, the automatic stay may provide some help nonetheless the new bankruptcy law makes it easier for landlords to continue with evictions. If your landlord already has a decree of possession against you when you file, the automatic stay cannot affect the eviction proceedings; the landlord can continue just like you had not filed for bankruptcy. And if the landlord alleges that you have been endangering the property or using controlled substances there, the automatic stay will not do you much good, either. In other cases, the automatic stay might buy you a few days or weeks, but the landlord will probably ask the court to lift the stay and allow the eviction and the court will probably allow the eviction.

Collection of overpayments of public benefits – If you receive public benefits and were overpaid, normally the agency can recover the overpayment out of your future checks. The automatic stay prohibits this collection. Yet, if you become ineligible for benefits, the automatic stay does not prevent the agency from denying or terminating benefits on that ground.

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