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  • Home Bankruptcy Questions What happens when I file bankruptcy?
  • Bankruptcy Questions
    • What happens when I file bankruptcy?
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    • What is an Automatic Stay?
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  • What happens when I file bankruptcy?

    When you file for bankruptcy, an automatic stay is put on you.

    Automatic Stay – An injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.

    -USCourts.gov, the Official Site of Judicial Branch of the U.S. Government

    What that means for you is that it protects you from creditors, their harassment, lawsuits, foreclosures, and repossessions until you can complete the bankruptcy process and receive your discharge.

    Discharge – A release of a debtor from personal liability for certain dischargeable debts set forth in the Bankruptcy Code. (A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.)

    -USCourts.gov, the Official Site of Judicial Branch of the U.S. Government

    When you have successfully completed the bankruptcy process, you will receive a discharge. When you receive your discharge, it means that you would have wiped out your personal liability for most types of debt. At this point, you no longer would have any personal liability or obligation to pay back any debts discharged from your successful bankruptcy filing. However, be aware that not all debts are dischargeable in federal bankruptcy.When you file for bankruptcy, an automatic stay is put on you.

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