San Bernardino Bankruptcy Instant Relief – Chapter 7

The Automatic Stay that occurs when you file for  San Bernardino Chapter 7 bankruptcy happens as soon as your case is filed by the courts. At the moment your case is entered into the system, you have immediate and complete relief from most debt collection efforts and activities, regardless of the creditor or how much you owe. For many, the relief from creditors and their collection efforts is one of the primary benefits to filing San Bernardino bankruptcy. However, there are a few exceptions to the automatic stay, and if you fall into any of the following categories, you may not be able to take full advantage of the automatic stay.

1.       If you’ve filed for bankruptcy recently and it was dismissed.  If you filed for bankruptcy in the past year and it was dismissed, you will not receive an automatic stay without first petitioning the court to grant the stay. If approved, you will be given 30 days under your automatic stay, after which, creditors will be free to continue collection activities again, unless your attorney is able to convince the judge to grant an extension.

2.       If you’ve had more than one bankruptcy dismissed in the last year. If you have filed for bankruptcy more than once in the past year, and these bankruptcies were dismissed, you will not have any right to an automatic stay, unless you can convince the court to grant a stay due to unusual circumstances. It is highly unlikely that the court will grant an automatic stay if you’ve had two bankruptcies dismissed in the past year.

3.       The automatic stay does not apply to criminal proceedings, or collection activities which involve assets that are not a part of your bankruptcy estate.

If you’re concerned about whether or not you qualify for an automatic stay in your San Bernardino County Bankruptcy Case, contact our firm. Even if you do not qualify for an automatic stay, there are other options that may be available to limit the amount of collection calls and activity. Our San Bernardino County Bankruptcy Attorneys will assess your situation and give you an honest, thorough evaluation that will allow you to make the best choice in determining whether or not now is the right time to file for bankruptcy. If you do decide to file, we will represent you and work on your behalf to get the best possible outcome for your case in the San Bernardino County courts.