After the filing of a bankruptcy petition, the debtor needs protection from the collection efforts of its creditors. Therefore, the bankruptcy law provides that the filing of either a voluntary or involuntary petition operates as an automatic stay which prevents creditors from taking action against the debtor. This is similar to an injunction against the creditors of the debtor. The automatic stay ends when the bankruptcy case is closed or dismissed or when the debtor is granted a discharge. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.
Washington Motion to Extend Automatic Stay and Notice of Motion
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Key Takeaways. An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.
What is a Motion for Relief From Stay? A motion for relief from automatic stay, also known as a stay relief motion, is something a creditor requests from the bankruptcy court. They essentially ask the court for permission to continue certain collection actions against you.
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.
What Activities Are Not Subject to the Automatic Stay? Criminal court matters. Establishment of paternity and child support (note: collections efforts of past due child support are Stayed) Child custody matters. Tax audits and other enforcement efforts that are not directly connected to the collection of debt.
Filing for bankruptcy triggers the ?automatic stay? injunction that is a provision of U.S. bankruptcy law. The automatic stay temporarily stops harassing phone calls, ugly letters and the threat of lawsuits. In addition, it holds informed debt collectors liable should they violate the injunction.
Law enforcement The stay doesn't stop criminal prosecutions. Nor does it stop the enforcement of actions grounded in the public health and safety; that's called the government regulatory exemption.
Notice of Stay of Proceedings (CM-180) Tells the court and the other side that a cause is paused (stayed) because another court case, such as bankruptcy, requires the pause.
The stay stops all parties from continuing the lawsuit in any way against the person who has filed bankruptcy. The stay is in force, whether or not anyone has received notice of the bankruptcy.