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Regardless of which bankruptcy chapter you file under once you file you are protected by an automatic stay against collection activities, lawsuits against you, and any attempts to collect debts. Violations of this stay by creditors make them liable for damages. The stay takes effect the moment I file your bankruptcy petition from my computer while you are still sitting in my office. Clients like leaving my office being sure that they are protected.
Note that now under the new law if you have had an active bankruptcy case within the past year of your filing of this case the stay only lasts for 30 days unless the judge orders that the stay is extended. If you have had two or more cases during the past year there is no stay at all until the judge orders one if the judge orders one. The lesson to be learned is file once and file right! If you want to be considered for filing the same day as your appointment, it is important that you finish your credit counseling including the final telephone component at least the day before your appointment. Click here to make an appointment. Additionally, you should also have completed the online intake form fully including the gross income figures for the last 6 months before the current month. Emergency filings have risks and should not be undertaken lightly. It is important that we have as much information as possible available before we file.
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