The automatic stay is one of the most powerful weapons in a bankruptcy arsenal to protect a debtor from his or her creditors. It’s impact is immediate upon the filing of the bankruptcy petition with the court, and its purpose is to provide instant relief from the stressors of creditor collections, harassment, lawsuits, wage garnishments, bank levy’s, liens etc. Once a bankruptcy case is filed, creditors are put on notice and advised that all collection efforts against the debtor are stayed during the pendency of the bankruptcy filing. Provided a discharge is entered in the case and the creditors claim is one that is eligible to be discharged in a bankruptcy proceeding, the debt will be permanently eliminated.

Certain actions are not “stayed” upon the filing of a bankruptcy, meaning they can proceed along their normal course despite the fact that a bankruptcy has been filed. They include: commencement or continuation of criminal proceedings against a debtor, a civil proceeding to determine paternity, or for the establishment or modification of a domestic support obligation. Proceedings related to child custody or visitation, or for the dissolution of marriage (except to the extent the dissolution proceeding seeks to determine a division of property of the marriage between the spouses). The automatic stay also does not stay actions regarding domestic violence or actions for the collection of a domestic support obligation (ie. generally child and/or spousal support).

If you are being harassed or sued by creditors, or if a judgment has already been entered against you; If your wages are being garnished, your bank levied, or if a creditor is about to place a lien against your property, the automatic stay is a fundamental tool that can be used to stop the chaos, and provide you and your family with the breathing room you need to regroup.

Author's Bio: 

Jeffrey D. Larkin is one of the most productive debt-relief attorneys in the region. His innovative law firm is committed to providing intelligent debt solutions custom fitted to his clients' individual needs. Whether you need to file bankruptcy, re-organize your debt or re-build your financial structure, Mr. Larkin provides a full range of legal services designed to restore financial order to your life.

Mr. Larkin is a California licensed attorney offering services throughout San Diego, Orange, Riverside and San Bernardino Counties. A 1998 graduate of California State University, San Bernardino, Mr. Larkin earned his Juris Doctorate from Thomas Jefferson School of Law in 2002. Since that time, Mr. Larkin has focused exclusively on bankruptcy and insolvency related matters, and has authored dozens of articles regarding bankruptcy and other debt solutions.

From 2002 through 2009, Mr. Larkin served as an associate attorney for the two largest bankruptcy filing firms in San Diego County. During that time, Mr. Larkin handled thousands of cases, and gained invaluable experience serving a broad and diversified client base. In 2008, Mr. Larkin was one of the top five bankruptcy filers in all of San Diego County, according to the United States Bankruptcy Court, Southern District of California.

You can reach Mr. Larkin by e-mail at Jeff@larkinfirm.com or by phone at (760) 692-2269. For more information about The Larkin Law Firm, go to Live-Debt-Free-Now.com.