CAVEAT:   This site is not intended to provide specific legal advice.  No attorney-client relationship will
be established by visiting this site or viewing these pages
.  The intent of this site is simply to provide generally useful information.  The discussions are based on Texas law, which may vary greatly from the law of your state.  If you have any specific legal questions or problems, please consult an attorney of your choice, or you may contact the Law Office of Dana Ehrlich from this web site.

Automatic Stay


Under normal circumstances, a secured creditor may take many steps up to and including repossession in order to protect their collateral without approval from any court.  However, when a person is under bankruptcy protection, an Automatic Stay is in effect.  An Automatic Stay, in essence, stops creditors from taking further collection activity against the debtor.  A creditor must cease ALL contact with the debtor once they have received notice from the Bankruptcy Court that the Automatic Stay is in effect.  Furthermore, should a creditor wish to repossess the collateral, they must first petition the court with what is called a Motion to Lift Automatic Stay which if granted gives the creditor the right to repossess.  However, a creditor must show "cause" to the court that the motion should be granted.  Your attorney can discuss what may constitute "cause".

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