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Automatic Stays and Bankruptcy in Colorado Springs

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Are you being harassed by creditors or debt collection agencies? If so, then you already know that they will stop at nothing in an attempt to get you to pay them money you simply don’t have. It’s also possible they’re telling you things that simply aren’t true.

Some of the most unscrupulous lenders will try to get you to take money out of your retirement account in an attempt to squeeze you for a few dollars. Others may call your boss or family members in an attempt to embarrass you into paying them money. Our CO bankruptcy lawyers have even heard of situations where predatory lenders threaten debtors with arrest.

Make no mistake, you should never take the word of a collection agency or lender. This is why it’s so important to discuss financial options with a qualified Colorado Springs bankruptcy lawyer so that you can get back on top of your bills and stop the harassment.

The automatic stay goes into effect when you file for bankruptcy but it does far more than just stop harassing phone calls.

 

If you are struggling financially and hoping to learn more about filing for Chapter 7 or Chapter 13 bankruptcy in Colorado Springs, you’ve come to the perfect place. Mounting debts, imminent foreclosure, and harassing phone calls from creditors are a nightmare. You need an experienced & knowledgeable attorney in your corner. Our team of experienced Colorado Springs debt relief attorneys is always happy to discuss your financial situation and help you determine the best strategy moving forward.

With decades of combined experience in both simple and complex Chapter 7 and Chapter 13 bankruptcy cases, our team of Colorado Springs debt relief lawyers and other legal professionals blends a distinctive set of skills to resolve legal problems for El Paso County citizens seeking help with debt relief.

We recognize that filing for bankruptcy can be scary. We know that there is a pervasive negative stigma surrounding bankruptcy that makes people hesitant to file. We also know that the Federal Bankruptcy Code is complex and can be extremely confusing to a non-lawyer. That is why we’ve designed this website- to combat that negative image, break down some of the convoluted language surrounding bankruptcy law, and shed some positive light on how filing for bankruptcy in El Paso County can bring immediate relief from mounting debt.

The Automatic Stay Explained by a Colorado Springs Debt Relief Lawyer

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One of the most important and immediate benefits of filing for bankruptcy in Colorado Springs is the automatic stay. An automatic stay is a court order that goes into effect immediately after a petitioner files for Chapter 7 or Chapter 13 bankruptcy in El Paso county, and it grants the bankruptcy filer relief from most creditors attempts to collect on a debt. In other words, no more calls from banks or collection agencies and no more eviction or foreclosure proceedings.

Listed below are some examples of how an automatic stay can help you.

  • Stops Creditor Harassment- Debt collection often begins with a debt collector contacting you by phone or by mail stating that you owe a debt and that they are trying to collect on it. Sounds innocuous on the surface, but if you ignore those occasional calls or letters, the debt collectors ramp up their collection attempts, calling day and night, spamming emails, and filling your mailbox with increasingly threatening attempts to collect the balance owed. An automatic stay puts an end to all debtor’s collection attempts.
  • Stops Utility Disconnections- If you’re behind on a utility bill in Colorado Springs an automatic stay can help you keep the lights on. This means that utility companies cannot shut off your utilities or harass you for payments. If they have already disconnected your service, they will be required to turn it back on. However, to keep the utility on, within 20 days of your filing, you must provide adequate assurance that you will be able to pay future utility bills.
  • Halts Wage Garnishment- Wage garnishment is a tactic commonly used by creditors in which they take a portion of your paycheck. When you file either Chapter 7 or Chapter 13 bankruptcy due to impending wage garnishment, or if you’ve just started having your wages garnished, the automatic stay can keep creditors from going after your check. However, it’s worth noting that there are certain wage garnishments, such as child support or taxes, that an automatic stay doesn’t cover.
  • Halts Foreclosure or Eviction- Many Coloradans file for bankruptcy to keep their homes. The automatic stay prevents your landlord or mortgage holder from starting or continuing any eviction or foreclosure process that was or could have commenced before you filed for bankruptcy. It also stops the landlord/mortgage holder from trying to collect any money you owed when you filed your bankruptcy case.
  • Halts Car Repossession- Most people consider their vehicle one of their most valued possessions. It gets you to work or school, to see family, or just to enjoy the freedom of the road. Losing a vehicle due to missed payments can be catastrophic. If you are behind on payments or a lender threatens repossession of your car Bankruptcy immediately stops all debt collection actions, including repossession of vehicles.
  • Stop Payday Loans- Payday loans are an “acceptable” and legal form of predatory lending in Colorado where a company offers short-term high-interest personal loans. They’re easy to get, and once you’ve started borrowing from these types of lenders, they’re hard to get out of. The automatic stay will keep those predatory lenders from continued harassment during the length of your bankruptcy case.

Just like the automatic stay, the goal of our experienced Colorado Springs bankruptcy attorneys is to make the bankruptcy process as easy and stress-free as possible. For more information on the automatic stay, please contact our firm today.

Are There Exceptions to Automatic Stays in El Paso County?

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Automatic stays, while powerful, aren’t a silver bullet for all of your creditors. Because the automatic stay is such a crucial benefit to a person filing Chapter 7 or Chapter 13 bankruptcy in Colorado Springs, it’s very important to know these exceptions before you file. Below you will find a list of which debts a creditor can continue to collect in spite of your bankruptcy filing.

  • Criminal Prosecution
  • Retirement Plan Loans
  • Child Support
  • Divorce
  • Tax Administration

For more information on the automatic stay and what it does and does not cover, check out the American Bar Association’s article “The Automatic Stay in Bankruptcy: An Overview” or contact one of our El Paso County bankruptcy attorneys for a free consultation.

In Chapter 7 bankruptcy, the Federal Bankruptcy Code allows each petitioner asset exemptions during the bankruptcy process. An exemption is a law that protects your property in bankruptcy. Exempt property can’t be sold for the benefit of your unsecured creditors.  Colorado’s motor vehicle exemption allows bankruptcy filers to exempt up to $7,500 in equity in a motor vehicle they own.

How a Colorado Springs Bankruptcy Attorney Can Help You

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If you are struggling with overwhelming debt that never seems to go away, you do have options.

Across the country, bankruptcy is surrounded by myths perpetrated by creditors looking to make sure debtors pay all of their debts and has a negative stigma surrounding it, but the reality is that it can be a great financial tool for finding financial stability. When it comes to your finances, our Colorado Springs debt relief attorneys believe it’s very important to work with an experienced bankruptcy law firm with a proven track record.

Our team of El Paso County bankruptcy lawyers helps our clients achieve financial security through bankruptcy law. Our understanding of the courts, our knowledge of the law, and our experience with the Federal Bankruptcy Code make us uniquely equipped to help you find debt relief. With our help, we’ll be able to file your Chapter 7 or Chapter 13 bankruptcy and ensure your automatic stay wards off all creditors—including any who might seek to collect their debt regardless.

Contact us today for a no-cost case evaluation. There is always something to be done to improve one’s finances, regardless of how grave the circumstances are, and we’re standing by to lend the helping hand you need.