Are there any exceptions to the automatic stay issued when filing for bankruptcy?
Yes, there are exceptions to the automatic stay that is issued when filing for bankruptcy in Virginia. The automatic stay is a court-ordered protection that prevents creditors from attempting to collect a debt from you. Creditors may be able to get around the automatic stay in certain situations. For example, if you owe money for unpaid taxes, the IRS or state departments of taxation may still be able to take action against you. Also, if you are a co-signer on a loan or owe past-due child support payments, creditors may be able to still try to collect on the debt. Additionally, if you file for bankruptcy while already facing a lawsuit, the stay may not apply in that situation. This means that the creditor may be able to continue their legal action against you while your bankruptcy is in process. Finally, the automatic stay is usually temporary, usually lasting just a few months. If you file for a Chapter 7 bankruptcy (liquidation), the automatic stay will remain in place until the bankruptcy is complete. However, if you file for a Chapter 13 bankruptcy (debt reorganization) the stay may be lifted if certain conditions are not met. Overall, the automatic stay issued when filing for bankruptcy in Virginia provides a great deal of protection from creditors. However, as stated, there are some exceptions to this rule.
Related FAQs
Can I file for bankruptcy if I'm unemployed?How long does it take to file for bankruptcy?
Do I need to list all of my debts when filing for bankruptcy?
Is bankruptcy a public record?
Are there any exceptions to the automatic stay issued when filing for bankruptcy?
How often can I receive a bankruptcy discharge?
What is the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy?
What is the difference between discharging and writing off a debt?
Are there any special provisions for filing for bankruptcy as a business?
Will bankruptcy discharge the entire amount of debt owed?
Related Blog Posts
What is Bankruptcy Law? - July 31, 2023What Are the Most Popular Types of Bankruptcy? - August 7, 2023
How to Choose the Right Bankruptcy Attorney for Your Case - August 14, 2023
Understand the Consequences of Not Filing for Bankruptcy - August 21, 2023
How to Avoid Bankruptcy With Financial Self-Management - August 28, 2023