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Bankruptcy

automatic stays

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 Ohio, as in all states, the automatic stay is a provision under federal bankruptcy law that immediately stops most creditors from pursuing debt collection against individuals or entities that have filed for bankruptcy. This legal pause is triggered the moment a bankruptcy petition is filed with the court. The automatic stay applies to various actions, including judgments, collection activities, foreclosures, and repossessions related to debts that were incurred before the bankruptcy filing. It provides a 'breathing spell' for the debtor, allowing time to reorganize finances without the pressure of creditors' claims and collection efforts. During this period, debtors and creditors can also negotiate to potentially resolve the financial issues at hand. The automatic stay remains in effect until the bankruptcy case is resolved, the stay is lifted by the court, or the subject property is no longer part of the bankruptcy estate.

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Bankruptcy

automatic stays

Individual & Family Legal Plan

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Ohio State Code

Bankruptcy

automatic stays

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