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OKLAHOMA CITY BANKRUPTCY LAWYER
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Automatic Stay

What is the Automatic Stay?

The automatic stay is a Federal Court Order barring your creditors from taking any further collection activity from the moment your case is filed. The order is issued “Automatically” by the United States Bankruptcy Court. The “Stay” is a Federal Court injunction strictly prohibiting the continuation of any: foreclosure, repossession, garnishment, law suit, collection phone calls, the sending of any bill or collection letter or “payment reminder” etc. through the mail. See: 11 USC 362. In bankruptcy Chapter 7 cases, the stay lasts 90 days until your debts are discharged. In Chapter 13, the stay can last up to 63 months.

How to Get an Automatic Stay

When a consumer is struggling with debt to the point of going under, they may decide to file for bankruptcy. One of the many benefits of bankruptcy is the automatic stay that is put in place once you file your petition. This is an injunction that will automatically require all creditor lawsuits and collection activity to stop. For those consumer debtors that find themselves drowning in their debt, an automatic stay can be the timely lifeline they need.

If you are considering filing for bankruptcy in Oklahoma and want to know how this injunction will help with your situation, Alexander Hilton & Associates is here to answer your questions. Our founding attorney has been serving consumers for numerous decades, garnering some of the highest client satisfaction rates across the entire state. He is well-versed in bankruptcy laws and can provide the insightful counsel you need during this overwhelming time.

Need Bankruptcy Assistance? Contact Us for a Free Case Evaluation Today!

Advantages of an Automatic Stay for Oklahoma Residents

An automatic stay is designed to provide debtors relief when they are working towards filing for bankruptcy. As soon as a debtor files their petition, the automatic stay will immediately go into place, alerting creditors and collectors that a majority of action against you must stop. Essentially, the stay is in place to prevent creditors from trying to collect any property that now belongs to the bankruptcy estate or could be exempted under the law. If creditors or collectors do not stop or continue to harass a debtor after a stay is in place, they may be in violation of the Fair Debt Collection Practices Act.

Actions Halted by the Automatic Stay:

However, an automatic stay cannot stop criminal or divorce proceedings, child support payments, certain tax liens, and other situations. Also, creditors can make a motion to have the automatic stay lifted if they believe it is not serving its intended purpose, such as if you filed for Chapter 13 bankruptcy and they feel you won’t still won’t be able to pay back the debt. This usually happens with secured creditors when the debtor has minimal equity in the property behind the secured debt, such as a car or home. That is why it is so important that you discuss your case right away with a seasoned legal advocate who can help you understand how an automatic stay will impact your financial future. This also ensures that your bankruptcy filing is as successful as possible and that your rights are safeguarded throughout the process.

What Happens After an Automatic Stay is Lifted?

Once an automatic stay is lifted, collection actions can resume. This means that creditors will start pursuing claims debtors again. Mortgage lenders can foreclose on properties and car loan creditors can repossess vehicles.

An automatic stay may be lifted for many reasons, including the completion or dismissal of the bankruptcy case. This is also true if the debtor does not comply with court orders.

Because of this, we encourage you to work with an experienced bankruptcy lawyer. This will help you navigate protecting your assets and negotiating new repayment plans with creditors after your automatic stay is lifted.

Ready for a Fresh Start? Call (405) 725-1441 for Expert Bankruptcy Support.

Have More Questions? Reach Out to Our Bankruptcy Attorney Today!

At Alexander Hilton & Associates, we prioritize our clients’ needs and goals. When you come to us, we make sure to go above and beyond to ensure your assets are protected and your financial future is on the right track. If you need counsel regarding how to discharge your debts, you can count on us to provide meaningful support.

If you want to learn about what to expect when filing, be sure to call our bankruptcy lawyer for insight. We have been proudly serving clients throughout the state for decades!

What Sets Us Apart

  • Representation From a Law Firm With One of the Highest Client Satisfaction Ratings in the State.

    Our dedication to client success has earned us top satisfaction ratings, ensuring you receive trusted, results-driven legal support.

  • Personalized Attention From Start to Finish.

    We take a hands-on approach to your case, providing direct support and tailored legal guidance every step of the way.

  • Affordable Chapter 7 Bankruptcy Payment Options.

    We offer flexible payment plans to make Chapter 7 bankruptcy more accessible, helping you move forward without added financial stress.

  • Evening and Weekend Appointment Availability.

    With evening and weekend appointments, we make it easy to get the legal help you need, on your schedule.

    “Grateful”
    After years of struggling w/deriorating health due to a series of heart attacks,I struggled with trying to maintain my chiropractic practice and remain current with my current obligations. The struggle became unbearable with the COVID 19 shutdown and I really don't know what I would have done without the very capable counsel of Atty.Alex Hilton. I was interviewed at length,explained what was expected of me and told how to collect the necessary documents. I will be forever grateful for the compassion and expertise demonstrated by this law firm .
    Thomas Joyce
    “Magnificent knowledge and customer service!”
    A wonderful, professional attorney who cares! Recently we were at our darkest moment, financially speaking. However, Mr. Hilton clearly explained our legal rights and obligations and demystified the bankruptcy process for us. No surprises at all -- I could not recommend him more highly!
    Aaron
    “Best bankruptcy attorney ever!!”
    Calling Alex was the best decision we have made!!! We were in a bad situation and had previously recieved some bad advice that made our financial situation even worse. Alex agreed to meet us the same day we called him and he even stayed late to do so! After looking over our mess, he gave us his advice and he answered EVERY SINGLE QUESTION we had! The rest is history! He did everything he said he would!! If you need help and are looking for a bankruptcy attorney, then look no further!! Call Alex today! You will not regret it!
    Kenna
    “Our case complicated and our situation was dire... He took our case, got it sorted out and got our discharge.”
    Our case was complicated and our situation was dire. I was a nervous wreck. Mr. Hilton assured me that once I stepped foot in his office that our problems because his problems and to no longer worry about it. Of course we are only human so that wasn’t possible however, true to his word he took our case, which wasn’t just a straight forward easy chapter 7, and got it sorted out and got our discharge. I would HIGHLY recommend him.
    Steven
    “"If you are looking for someone to help you get back on track financially [...] Alex Hilton is your man."”
    My mother and I have used Mr. Hilton's services on two separate occasions, and we cannot say enough good things about him -- as an attorney, and as a person. He is approachable, polite, transparent about his business practices, sympathetic to each client's particular financial situation and, of course, very knowledgeable about the laws pertaining Chapter 7 bankruptcies. Whenever either of us had a question about the process, he answered our queries thoroughly, making sure we understood everything we needed to before moving forward. Subsequently, what could have been nightmarish ordeals for us both instead were handled with relative ease and care. If you are looking for someone to help you get back on track financially without judgment or the fear of being overwhelmed by what can be an arduous and costly process, then Alex Hilton is your man.
    Khan
    “"Mr. Hilton is a gem and a pleasure to work with!"”
    My wife was so nervous to file bankruptcy and Mr. Hilton talked with her and gave her the history of bankruptcy and the reasoning that is was the right thing to do in our case which set her mind at ease. Mr. Hilton is always there if we have questions and always quick with return emails and phone calls. Even months after everything is finished he is still there for us. Cannot recommend this man highly enough to do him the proper justice.
    L & M Johnson
    “I was terrified and overwhelmed and Mr. Hilton helped make an impossible situation manageable and he did so with patience and extreme kindness.”
    It's been almost a year since Mr. Hilton saved us from a desperate situation. He helped us overcome an incredible burden and helped relieve a tremendous amount of financial stress we were dealing with on a daily basis. Personally, I was terrified and overwhelmed and he helped make an impossible situation manageable and he did so with patience and extreme kindness. He answered all of our questions and was always prompt with returning phone calls. The entire process was seamless for us and we couldn't have asked for a better attorney to represent us during the bankruptcy process.
    M&S B.
    “He worked hard on our mess of a Chapter 13 case. I will recommend him to anyone I know that is in need of a Bankruptcy Attorney.”
    After having a flake for our 1st attorney, Alex Hilton turned our case around and got us amazing results. He worked hard on our mess of a Chapter 13 case. I will recommend him to anyone I know that is in need of a Bankruptcy Attorney. He is kind , compassionate and doesn't mess around
    Former Client
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