Automatic Relief Through Chapter 7 Bankruptcy

by Alison C Briggs on May. 17, 2020

Bankruptcy & Debt Bankruptcy Bankruptcy & Debt Lawsuit & Dispute 

Summary: Our Phoenix bankruptcy attorneys are the core of our full service Phoenix bankruptcy law firm. Plus, we are high quality bankruptcy lawyers in Phoenix, Arizona emphasizing protection, financial solutions, and assistance with debt relief.

Considering filing Chapter 7 in Phoenix?

When you file for Chapter seven or maybe Chapter thirteen bankruptcy, the court issues an order known as the automatic stay. This order needs your creditors immediately halt each collection actions.  The automatic stay is very powerful.

A Few of the Things the Automatic Stay Stops Include:

  • Letters and calls
  • Wage Garnishments
  • Foreclosure
  • Evictions
  • Lawsuits
  • Repossessions
  • Utility Shut Offs

Stopping Collections with the Automatic Stay

If you file for bankruptcy, your creditors are informed of your respective filing and also the automatic stay. In case they don't stop legal cases or collection efforts, the court is able to buy them to do so immediately. When you're currently experiencing collection actions, you need to talk about this along with your bankruptcy attorney, who could inform the court.

In certain circumstances, creditors are able to ask for that the court eliminate the automatic stay in regard to their specific debt. This's very common with mortgage lenders with pending foreclosure cases. The creditor must prove on the court that there's a legitimate reason the stay needs to be lifted. You usually don't need to be concerned about much of your creditors filing motions to raise the stay, and the lawyer of yours is able to address the matter in case the mortgage lender of yours files a motion.

Currently, bankruptcy courts are doing a lot of their hearings telephonically.  The automatic stay will remain in place until the courts get caught up on their scheduled calendar.  Bankruptcy filers should not worry as the automatic stay will stay set up in case you've a pending bankruptcy case.

Chapter seven bankruptcy is probably the most frequent kind of bankruptcy filed in the United States. Nevertheless, not everybody is permitted to obtain their debts discharged under Chapter seven of the U.S. Bankruptcy Code, so the following are a few simple demands for a situation. To understand whether you qualify for this particular case type, talk with a Chapter seven bankruptcy lawyer in Phoenix about your specific circumstance.  Once your Phoenix Bankruptcy is filed, an Automatic stay starts which protects you from all collection efforts.  Contact our Phoenix Legal Team today and learn more about Phoenix Chapter 7 Bankruptcy Requirement.

Bankruptcy Means Test

The means test was added as a necessity in 2005, plus it calls for you to demonstrate that the household income of yours is below the median for the household dimensions of yours in the state of yours. The Department of Justice (DOJ) reports the median earnings amounts for every state on an annual schedule. If the income of yours isn't below the median, the attorney of yours might have the ability to subtract specific expenses to reduce your income. When you don't pass the means test, you won't have the ability to file for Chapter seven.

Time Since Previous Bankruptcy Filings

In order to avoid bankruptcy abuse, there's a limit on if you are able to file for Chapter seven in case you've a previous discharge. 8 years should pass since your previous Chapter seven filing, or maybe 6 years from the day you filed a Chapter thirteen case.

Filing your bankruptcy is something that should be done by an experienced Arizona Lawyer.  There's a certain range of documents required to file.  Our debt relief attorney will file your bankruptcy with the court to begin a Chapter seven bankruptcy case for you and your family. You have to file a petition with all the required info and supporting documentation. The attorney of yours is able to help to make sure you've all you need before you begin the case of yours to prevent delays.

Filing a bankruptcy runs on a timeline of sorts.  Whereas, the filer has an idea how long the process should take and how much time they will have.  Including, the bankruptcy prep period and length between filing bankruptcy and a 341 Meeting of creditors.  Also, the length between the aforementioned 341 hearing and a bankruptcy discharge.  Consult an Arizona bankruptcy lawyer for additional bankruptcy timeline information.

Bankruptcy Chapter Seven Filing in Phoenix, Arizona

Talk with a Chapter seven Bankruptcy Lawyer in Phoenix If you're thinking about debt relief choices, you need to talk to a Phoenix Bankruptcy Attorney at My Arizona Lawyers, PLLC. Contact our Phoenix BK lawyers now or even ask for an appointment online for immediate now.  Our bankruptcy attorneys offer debt relief options including:  Chapter 7 bankruptcy, Chapter 13 Bankruptcy, Emergency Bankruptcy Filings, Medical Bankruptcies, Arizona Zero Down Bankruptcy, Bankruptcy from Home,  Bankruptcy by Phone, Phoenix Chapter Bankruptcy, $0 Down Bankruptcy, and Lien Stripping in a Chapter 13Contact us about more Phoenix Chapter 7 Bankruptcy requirements.

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