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Automatic Stay

Chapter 7 vs. 13
Who Can File
Why Chapter 13
Plan Requirements
How it Works
Debt Consolidation
Where to file
Chapter 13 Fees
Your Attorney's Role
Fair Attorney Fee
Trustee Fees
Your Case Number
Creditor Approval
Advice from Friends
Your Attorney
The Trustee
341 Meeting
Conversion
Effect on Lawsuits
Automatic Stay
Claim Discrimination
Student Loans
Self Employed
Unemployed
How Long?
How Much?
Plan Payments
Payment Problems

Will my creditors be able to take my wages or property while the Chapter 13 case is in effect?

No.  The automatic stay remains in effect during the entire Chapter 13 case and your creditors will not be permitted to take or otherwise proceed against any of your property or assets, including your earnings.  However, if secured creditors to whom you are in default are not being paid under the plan or if you are not making your direct home mortgage payments, these creditors may go to the Bankruptcy Court and seek permission to repossess the property upon which they have a valid lien.  Creditors secured by vehicle loans may also have your vehicle stored if you fail to maintain insurance on the vehicle securing the loan.

There are some exceptions to this general rule.  The most common being child support, income tax refunds and certain property tax situations.  For example, the IRS may apply your tax refund against any taxes included in your plan.  The IRS must notify the Trustee of this action, but it is otherwise lawful.  Specific questions regarding your situation and whether these exceptions apply to your case should be discussed with your attorney.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
July 01, 2004

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