Stop Creditors Cold with the Automatic Stay!

Filing for bankruptcy in Illinois can be a stressful and overwhelming process, but it also provides you with important protections. One of these protections is the automatic stay, which goes into effect as soon as your bankruptcy petition is filed. The automatic stay is a court order that prohibits creditors from trying to collect debts from you, which means they can no longer call, send collection letters, repossess your possessions, foreclose on your home, garnish your wages, or begin or continue lawsuits. The automatic stay applies to both Chapter 7 and Chapter 13 bankruptcy cases, and it remains in effect until you receive your bankruptcy discharge.

The automatic stay provides much-needed relief from harassing phone calls and other creditor actions, which can be emotionally draining. It can allow you to finally take a deep breath and feel a sense of relief knowing that a fresh start is within reach. Your bankruptcy attorney will work hard to get your case filed as quickly as possible so you can start benefiting from the protections of the automatic stay.

It's important to note that the automatic stay does not apply to domestic support obligations such as alimony or child support, and it does not stop criminal proceedings against you. In some cases, a creditor may request that the automatic stay be lifted so they can resume collecting a debt, but this is at the discretion of the bankruptcy court and typically only granted if the creditor is a mortgage company and you are surrendering your home or a car lender if you are surrendering your car. If a creditor contacts you after your bankruptcy has been filed, you can simply provide them with your case number and let them know to contact your bankruptcy attorney's office for any further communication. Creditors who violate the automatic stay may face penalties.