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 Washington. An automatic stay is an injunction that stops creditors from collecting money from a debtor, stopping certain legal actions such as foreclosure, and prevents creditors from continuing collections efforts. However, when filing for bankruptcy in Washington, there are some exceptions to the automatic stay. These include cases where a creditor has a claim that relates to a child support or alimony obligation or health care insurance obligation, cases where a creditor has obtained a judgment against the debtor prior to the filing of the bankruptcy petition, or when the court grants relief from the stay because the debtor has not maintained the payments. In addition, the automatic stay does not protect the debtor against criminal proceedings, cases or claims arising out of fraud or intentional misconduct, or actions by governmental units to enforce their police powers. Furthermore, the automatic stay does not apply to a creditor’s ability to setoff a debt against a deposit account which the debtor has with the creditor. Overall, the automatic stay issued when filing for bankruptcy in Washington does give the debtor protection from certain creditors and collections efforts, but there are some exceptions to this. It’s important to know and understand these exceptions in order to best protect your rights related to filing for bankruptcy in the state.
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