A Texas Order Extending (Or Imposing) Automatic Stay is an order from a Texas court that automatically stops collection activities on a debt. This type of order is most often used in bankruptcy proceedings, when a debtor has filed for Chapter 7 or Chapter 13 bankruptcy. The Automatic Stay prevents creditors from taking any action to collect a debt from the debtor, including filing lawsuits, garnishing wages, and contacting the debtor for payment. There are two types of Texas Orders Extending (Or Imposing) Automatic Stay: Temporary and Permanent. A Temporary Automatic Stay is effective for a limited amount of time, usually 30 to 90 days. A Permanent Automatic Stay remains in effect until the bankruptcy case is resolved. Both types of Texas Orders Extending (Or Imposing) Automatic Stay protect the debtor from creditors and provide the debtor with an opportunity to negotiate or reach a settlement with their creditors.
Texas Order Extending (Or Imposing) Automatic Stay
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FAQ
The most common reason for a creditor to make a motion for relief from the automatic stay is that the debtor has filed Chapter 7 Bankruptcy or Chapter 13 Bankruptcy and does not want to use the bankruptcy to keep their house or car.
Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.
An order for relief invokes the automatic stay and brings down an iron curtain, separating the pre-bankruptcy from the post-bankruptcy debtor, creating a bankruptcy estate and prohibiting unauthorized transfers of the debtor's property.
What are the exceptions to the automatic stay under 11 U.S.C § 362? Establishing paternity; Establishing or modifying domestic support obligations, including child support and alimony; Child custody or visitation matters; Divorce proceedings; Domestic violence matters.
Because of the duration of the court case, a Chapter 7 automatic stay often lasts for three to four months. In contrast, the automatic stay remains effective on Chapter 13 bankruptcy cases throughout the duration of the debtor's repayment plan, assuming they comply with the terms.
The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws. It gives the debtor a breathing spell from his creditors. It stops all collection efforts, all harassment, and all foreclosure actions.
The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt. That said, the creditor still needs to follow state law for their collection or eviction proceedings.
Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.