The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. A stay of creditor actions against the debtor automatically goes into effect when the bankruptcy petition is filed. The stay provides a breathing spell for the debtor, during which negotiations can take place to try to resolve the difficulties in the debtor's financial situation.

In Kansas, as in all states, the automatic stay is a fundamental provision of the federal Bankruptcy Code (11 U.S.C. § 362). When a debtor files for bankruptcy, the automatic stay immediately takes effect, halting most creditors from continuing with collection actions, including lawsuits, wage garnishments, or even contacting the debtor to demand payment. This stay applies to actions related to debts that were incurred before the filing of the bankruptcy petition. The purpose of the automatic stay is to provide a 'breathing spell' for the debtor, allowing them to reorganize their finances without the pressure of immediate collection efforts. It also ensures that assets are preserved for equitable distribution among creditors. Creditors can, in some cases, request the court to lift the stay if they can show cause, such as lack of adequate protection for collateral. However, until the court approves such a request or the bankruptcy case is resolved, the automatic stay remains in place.