Georgia Bankruptcy Lawyers
The law firm of Lamberth, Cifelli, Ellis & Nason, P.A., represents both creditors and debtors in legal matters relating to the bankruptcy automatic stay. For more information the automatic stay and the bankruptcy process in general, contact our law firm in Atlanta.
The Automatic Stay, Explained
The “automatic stay” of section 362 of the United States Bankruptcy Code is the equivalent of an injunction that automatically halts virtually any and all actions by creditors, with limited exceptions, to collect debts from a debtor who has declared bankruptcy. Creditor actions prohibited under the automatic stay include:
- Collections efforts
- Civil litigation
- Judgment enforcement
- Other actions by creditors
The automatic stay begins the moment the bankruptcy petition is filed, providing the debtor with relief from creditors and an immediate calm amidst the storm of financial difficulties. The automatic stay, however, is not absolute. For example, the stay is inapplicable to actions of certain creditors, such as domestic support obligees and the government in some instances. Additionally, secured creditors may always petition the bankruptcy court for relief from the automatic stay upon a showing of cause.
Representing Debtors and Creditors in Automatic Stay Matters
U.S. bankruptcy law provides many significant rights to debtors as well as creditors with regard to operation of the automatic stay. The professionals at Lamberth, Cifelli, Ellis & Nason, P.A., have a combined wealth of experience protecting and defending those rights on behalf of a wide variety of individuals and entities. For every client — be it a debtor, creditor, or a trustee — we offer the tools and experience necessary to counsel individuals and businesses with regard to automatic stay issues as they apply to any case, as well as to vigorously pursue or defend any litigation resulting from an automatic stay dispute.
Find out more about the protections offered by Chapter 7 bankruptcy and Chapter 13 bankruptcy.
Contact debtors’ and creditors’ rights attorneys in our Atlanta law office today.