Are there any exceptions to the automatic stay issued when filing for bankruptcy?
Yes, there are certain exceptions to the automatic stay issued when filing for bankruptcy in Oklahoma. The automatic stay is a legal order that prohibits creditors from taking any further action against a debtor while the bankruptcy case is pending. However, there are certain issues that are exempt from the automatic stay, including: 1. Actions to collect child or spousal support payments; 2. Actions by the IRS for collection of taxes; 3. Actions to collect a student loan debt; 4. Actions to enforce a criminal penalty or fine; 5. Actions to set aside property that was fraudulently transferred; 6. Actions by a government agency in relation to a bankruptcy case; and 7. Actions by a creditor to repossess or retake possession of collateral. In addition, the automatic stay does not prevent certain actions related to criminal proceedings against the debtor, such as issuing search warrants. It also does not prevent creditors from filing motions to modify the automatic stay. Finally, creditors may be able to seek relief from the stay by filing a motion with the court. The automatic stay is an important protection for debtors, but there are a few exceptions. It is important for debtors to understand these exceptions so they can make informed decisions when filing for bankruptcy in Oklahoma.
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