Declaring Bankruptcy: Automatic Stay And How It Protects You From Creditors
U.S. Bankruptcy Code imposes something called an automatic stay the moment that a petition for bankruptcy is filed. The automatic stay will typically prevent the enforcement, commencement, or appeal of actions and judgments against a debtor from the creditors they owe money to who are trying to c
Any action that a creditor might take that violates the automatic stay will be voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They will get this by filing a motion for relief from the automatic stay.
The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.
There are three kinds of avoidance actions, and all of these attempt to limit the risk of the legal system encouraging the downfall of a financially unstable debtor who hasn’t declared bankruptcy yet. The bankruptcy system will typically reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.
Despite the seemingly simple nature of these rules, a couple of exceptions exist in the context of each category of avoidance action.
Mallory Megan works for a debt collection agency. She also writes articles on business, finance, consumer spending, and collection agencies. Get a totally unique version of this article from our article submission service