Are there any exceptions to the automatic stay issued when filing for bankruptcy?
Yes, there are exceptions to the automatic stay issued when filing for bankruptcy in Nebraska. The automatic stay is an order issued by the court that puts a stop to all collection activities and legal actions against you while the bankruptcy case is pending. The automatic stay also protects most creditors from taking any action to collect a debt from you without first getting permission from the court. However, there are certain types of creditors or actions that are not affected by the automatic stay. These include: • Child support or alimony payments • Criminal proceedings •Eviction action in some cases •Income taxes •Personal injury claims •Certain liens which have been properly recorded •Student loans in some cases •Actions to collect taxes, penalties, and interest or fees from a governmental agency Creditors who have not been paid have the right to ask the court to lift the automatic stay in order to pursue their debts. The court will determine if the stay should be lifted based on the circumstances of the particular case. Although the automatic stay provides protection from most creditors while the bankruptcy case is pending, it is important to remember there are exceptions to the automatic stay. It is important to check with an experienced bankruptcy attorney in Nebraska to determine which creditors and actions are affected by the stay.
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