Phones Answered 24 Hours A Day Call 800-653-2243
Thompson Law Group, P.C.
Experienced Lawyers on Your Side
Menu / Navigate
Secondary Nav

What is the automatic stay in a Chapter 11 bankruptcy?

Debtors in Warrendale, and throughout Pennsylvania, will have their own reasons for filing Chapter 11 bankruptcy. One that is frequently cited is to stop the debt collection attempts. These can be notoriously aggressive and cause fear and consternation in the debtor. When filing for Chapter 11, one of the benefits is the automatic stay. Understanding what this is and how it is beneficial is important to most cases.

The automatic stay gives the debtor time to stop collectors, suspend judgments, foreclosures and repossessions. When the petition is filed, this will happen automatically.

Creditors and debt holders can still take some items, even with the automatic stay. What this does is give the debtor a break from the collection practices. While this is ongoing, there can be a negotiation to help the debtor get the finances on stronger ground.

A secured creditor can get an order from the court that gives relief from the automatic stay. If, for example, there is no equity in the debtor's property and a reorganization can take place without that property, then the secured creditor can request that the stay be lifted to let the foreclosure proceed.

Property can be sold, and the proceeds from the sale can go toward the debt. There is also the option for applications for fees to be made by certain professionals, as the case is ongoing. Within intervals of 120 days, these professionals can seek interim compensation and reimbursement. If it is a larger Chapter 11, these can be done more frequently.

Chapter 11 is a strategy for debt reorganization, but there are certain rules that go along with it that are different from other bankruptcy chapters. With an automatic stay, it does not mean that the debt collectors will stop their efforts to collect on what they claim to be owed. What it does do is give the debtor a chance to step back and try to come up with a plan. For help with a Chapter 11, to stop creditor collection attempts and get back on better financial ground, a legal professional with a wide array of experience in bankruptcy can help.

Source: USCourts.gov, "Chapter 11 -- Bankruptcy Basics -- The Automatic Stay," accessed on Aug. 8, 2017

No Comments

Leave a comment
Comment Information

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Warrendale Office
Main Office
125 Warrendale-Bayne Road
Suite 200
Warrendale, PA 15086

Toll Free: 800-653-2243
Map & Directions

Pittsburgh Office
DOWNTOWN PITTSBURGH
555 Grant Street Suite 331
Pittsburgh, PA 15219

Toll Free: 800-653-2243
Toll Free: 800-653-2243
Map & Directions

Greensburg Office
GREENSBURG OFFICE
101 North Main Street, Suite 104-A
Greensburg, PA 15601

Toll Free: 800-653-2243
Toll Free: 800-653-2243
Map & Directions

Canonsburg Office
Satellite Office
2400 Ansys Drive
Canonsburg, PA 15317

Toll Free: 800-653-2243
Map & Directions

Monroeville/Wilkins Township office
Satellite Office
400 Penn Center Boulevard
Suite 101
Pittsburgh, PA 15235

Toll Free: 800-653-2243
Map & Directions