Bankruptcy Protection Explained

Bankruptcy Protection Explained

Bankruptcy protection is available to you and most persons confronted with debts, through the filing of a bankruptcy petition.  Upon the filing of a properly formulated bankruptcy petition in the bankruptcy court, section 362 of the bankruptcy code permits the implementation of the automatic stay.

The automatic stay is a provision that protects a debtor or debtor in bankruptcy from at least temporary actions by creditors to collect applicable debts.  Included in the protection protected afforded by section 362 is most creditors must cease any lawsuits, foreclosures, actions to repossess property, garnish assets such as wages and bank accounts, and even the persistent phone calls and harassment displayed by some creditors.

There are limits to the protections afforded by filing bankruptcy.  Some creditors are exempt from the bankruptcy protections afforded by section 362.  Repeat filers of a Chapter 13 bankruptcy may have to take measures to either extend the automatic stay or even create or implement the automatic stay.

However, the filing of the bankruptcy usually extends such bankruptcy protections to the debtor.  For certain more aggressive creditors, our office will generally file a suggestion of bankruptcy subsequent to the filing of the bankruptcy petition.  Often, we will additionally send additional notices to certain creditors of the filing, to ensure that such creditors do not attempt any behavior that could be considered a violation of the bankruptcy protections.

If you are in need of such protection from a creditor or creditors, I can help.  My name is Jay Weller and I have practiced bankruptcy law in the State of Florida since 1993.  I have filed many thousands of bankruptcies which have given much needed protection and comfort to my clients, helping them avoid the loss of their homes, automobiles, assets, and other important properties.  Of course, if one loses his or her home or automobile to a creditor’s actions, such loss can go far beyond the loss of property.

If you are in need of bankruptcy protection then please contact a reputable attorney today.  Jay Weller may be reached directly through our website at or toll free at 1-800-407-3328 (DEBT).  Jay Weller will speak with and later meet with you directly in representing your case, and getting you the necessary protections from you creditors in order that you may begin your fresh start, free from creditor harassment.

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