What is an automatic stay in a bankruptcy case?

If you feel overwhelmed by debt and are struggling to make ends meet, you may have considered filing for bankruptcy in Illinois. Not only can bankruptcy give you the opportunity to start fresh with your finances, it can also stop creditors from calling you and using other harassing tactics in an attempt to get their money. Once you have filed all of the proper paperwork in your petition for bankruptcy, the court will place an automatic stay on your case.

According to the U.S. Courts, the clerk who is assigned to your case will contact each creditor listed on your petition in order to inform them that you have filed for bankruptcy. That is why it is crucial that you provide the bankruptcy court with a complete list of creditors.

Once an automatic stay is in place, the creditors will be unable to contact you regarding late payments, fines and other charges you may have been responsible for. Creditors are not able to garnish your wages or initiate a lawsuit against you for failure to pay on your account. Since avoiding creditor calls is common for many people who have extensive debt, it is often a huge relief to finally be free from receiving them.

It is important to keep in mind that the length of the automatic stay can vary depending on the circumstances surrounding your case, including which chapter of bankruptcy you file.

This information should be used for educational purposes only and should not be taken as legal advice. 

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