Are there any exceptions to the automatic stay issued when filing for bankruptcy?
When a person files for bankruptcy in Rhode Island, an automatic stay is issued to prevent creditors from collecting any debts. However, there are exceptions to this rule. The automatic stay does not protect a debtor from certain actions, including those taken by the government, such as the IRS or child support enforcement. It also does not stop the enforcement of a lien on property, such as a mortgage or car loan. Furthermore, the automatic stay may not prevent the foreclosure of a home if the debtor fails to make payments. Additionally, the automatic stay does not prevent an action to recover alimony, maintenance, or support payments, such as unpaid child support. In addition, the automatic stay does not prevent criminal proceedings from proceeding, nor does it prevent creditors from filing a lawsuit to enforce their rights, such as the right to repossess property. Finally, the automatic stay does not stop creditors from collecting debts that are not dischargeable in bankruptcy, such as student loan payments or back taxes. In short, while the automatic stay is a useful tool in protecting a debtor from creditors, it does not provide absolute protection. It is important to consult with an experienced bankruptcy attorney to determine if any of your debts are not protected by the automatic stay.
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