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Livonia Michigan Bankruptcy

Michigan Bankruptcy Blog

Automatic Stay Used In Detroit Bankruptcy

Posted by Peter Behrmann, Esq. On July 19th

Automatic Stay Used In Detroit BankruptcyBankruptcy Court1 150x150 Automatic Stay Used In Detroit Bankruptcy

The Automatic Stay is one of the most powerful tools in bankruptcy, so powerful that is stopped an emergency motion hearing that was being held to strip the governor’s power to authorize the filing of the Bankruptcy in the first place.

Here is the time frame on how yesterday worked:

  • Throughout the day there was wide speculation that Detroit would file for Bankruptcy on Friday, the date Kevin Orr indicated months ago he would have his decision by.
  • At 3:37 PM Attorneys representing City of Detroit Pension boards filed an emergency motion seeking a restraining order preventing the governor of Michigan from signing off on the bankruptcy.
  • The emergency hearing was started at 4:11PM where they were informed that the city of Detroit had filed the single largest municipal bankruptcy ever just 5 minuends prior at 4:06PM putting in place the Automatic Stay that prevents any creditor from taking any collection action.

You see in most situations, the actual filing of the bankruptcy case itself automatically stays collection and other actions against the debtor, the debtor’s property, and co debtors.  This means that by simply filing a Bankruptcy you can immediately stop foreclosures, garnishments, lawsuits, and any other collection activity.  Even emergency motions seeking a restraining order from a creditor!

 

Soon all of the Detroit’s creditors will be mailed a notice making them aware that they cannot take the following actions against them:

“Prohibited collection actions against the debtor and certain co debtors are listed in Bankruptcy Code §§ 362 and §§1301. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor’s property; starting or continuing lawsuits or foreclosures; and garnishing or deducting from the debtor’s wages.”

I often use the Automatic Stay in a Chapter 13 bankruptcy to save my clients homes from foreclosure, to save a car that had been repossessed, and to simply help my clients get back on their feet.  I have never had the opportunity to use it to prevent a restraining order from being imposed, but as we saw yesterday that happens to work too!

Peter & Jeri Behrmann are Livonia Bankruptcy Attorneys.  From our Livonia, Michigan location, we represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. Our practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

“A” is for Automatic Stay

Posted by Peter Behrmann, Esq. On February 16th

LetterA 150x150 “A” is for Automatic StayThe Automatic Stay is one of the most powerful tools in bankruptcy.

In most situations, the actual filing of the bankruptcy case itself automatically stays collection and other actions against the debtor, the debtor’s property, and codebtors.  This means that by simply filing a Chapter 7 or Chapter 13 Bankruptcy we can immediately stops foreclosures, garnishments, lawsuits, and any other collection activity.

Your creditors are all mailed a notice making them aware that they cannot take the following actions against you:

  • “Prohibited collection actions against the debtor and certain codebtors are listed in Bankruptcy Code §§ 362 and §§1301. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor’s property; starting or continuing lawsuits or foreclosures; and garnishing or deducting from the debtor’s wages.”

If your creditors ignore the automatic stay, they can be penalized and liable for damages to you!

We use the Automatic Stay in a Chapter 13 bankruptcy to save our clients homes from foreclosure, to save a car that had been repossessed, and to simply help our clients get back on their feet.

It is important to note that under certain circumstances, the automatic stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay.

Peter Behrmann is a Michigan bankruptcy attorney. From my  Livonia, Michigan location, I represent clients throughout Metro Detroit and beyond, including Garden City, Wayne, Westland, Redford, Dearborn, Taylor, Ann Arbor, Belleville, Northville, Novi, Farmington, Farmington Hills, Plymouth, Canton, and the Counties of Wayne, Oakland, Livingston, and Washtenaw. My practice is limited to helping consumers like you file Chapter 7 and Chapter 13 Bankruptcy.

Photo Credit:  TooFarNorth

Other Bankruptcy Attorneys Blogging on letter “A”:

  • Abandonment – New York Bankruptcy Lawyer, Jay S. Fleischman
  • Abuse – Wisconsin Bankruptcy Lawyer, Bret Nason
  • Advantages -  Columbus, Ohio Bankruptcy Lawyer, Athena Inembolidis
  • Adversary Proceeding – Philadelphia Bankruptcy Lawyer, Kimberly Coleman
  • Alimony – Philadelphia Suburban Bankruptcy Lawyer, Chris Carr           
  • Application – Lakewood, CA Bankruptcy Attorney, Christine A. Wilton
  • Arrest – Cleveland Area Bankruptcy Attorney Bill Balena
  • Ask – San Francisco Bankruptcy Attorney, Jeena Ch
  • Assets - Hawaii Bankruptcy Attorney, Stuart Ing         
  • Assets – Jacksonville Bankruptcy Attorney, Monica D. Shepard
  • Assets – Marin County Bankruptcy Attorney, Catherine Eranthe        
  • Assets - Richmond Bankruptcy Attorney, Mitchell Goldstein           
  • Assume – Northern California Bankruptcy Lawyer, Cathy Moran        
  • Assumption – Los Angeles Bankruptcy Lawyer, Mark J. Markus    
  • Assumption – Taylor Michigan Bankruptcy Attorney, Christopher McAvoy
  • Assumptions – Newnan, Georgia Bankruptcy Lawyer, Rick Palmer 
  • Attorney – Law Offices of Daniel J. Winter         
  • Automatic Stay – Chicago Bankruptcy Attorney, Kyle A. Lindsey 
  • Automatic Stay – Connecticut Bankruptcy Lawyer William E. Carter           
  • Automatic Stay – Nebraska Bankruptcy Attorney, Ryan D. Caldwell           
  • Automobiles – Colorado Springs Bankruptcy Lawyer Bob Doig   
  • Avoidance – Ormond Beach Bankruptcy Attorney, Lewis Roberts
  • Amendment – Miami Bankruptcy Attorney, Dorota Trzeciecka           
  • Abuse –  Pittsburgh Bankruptcy Attorney, Shawn N. Wright    
  • Address - Tuscaloosa and Birmingham Bankruptcy Lawyer, Melinda Murphy Dionne
  • Attachment – Vermont-New Hampshire Bankruptcy Lawyer, Michelle Kainen