An automatic bankruptcy stay is an injunction from the creditors. Once the debtor file a bankruptcy petition, particularlender's actions are limited. The creditor cannot continue judicial actions against the debtor take property belonging to the debtor and cannot enforce alien on debtor's property. To curb those borrowers who benefit from the automatic stay, the United States Congress required one to have a plan of payment of the amount at the current market rate. Many people go through though times in their life and that time they have no money and need to go in for bankruptcy. This is a serious issue for most of the people and one needs professional help and once that is provided things will be much more simple as we are not aware of the rules and that is something one needs to keep in mind.
Reorganization of bankruptcy sets a repayment plan to eliminate the debt with time. At such times it is advisable to hire a chapter 13 lawyer to assist in planning on the best payment method. Under the chapter, the debtors offer to pay his debt in installment over the desired period. Chapter 13 has its pros and cons, and the attorney should give an in depth information.
Chapter 7 lawyers have an easier time since this is a simpler form than chapter 13. The section allows for the discharge of non-exempt debts. Non-exempt debts include payday loans, credit card debt and utility bill, directly owned shares to retailers, medical related debt and cell phone bills.
To stop the fore closure sale, one must understand the foreclosure process. Good bankruptcy lawyers in New York should make you aware of your sovereign rights to keep you losing your home and other assets. After the passing of the deadline, one is served with the foreclosure notice demanding mortgages. When the creditor files for foreclosure lawsuit or Notice of Default, an individual has about thirty days to act on the judgment. If the debtor fails to respond to the notice, another sale notice is issued after one month before the property auctioning offthe property. You need to hire a professional lawyer who can give you good service.
They understand you and give a listening ear.
Admitting that you bankrupt is the most hardest and painful decision for many people. Because of this it will require you to get an attorney who will not just have the proper “attorney things” but to also poses and exhibit the state of putting himself in your shoes, to understand your situation. Your lawyer will should have empathy and willingness to ask you very difficult questions. Hire someone who would require knowing the roots and cause of your financial predicament. It is very important that you hire someone who is good at the job and has some history of taking up cases and should give you a patient hearing and be nice to you. You should be scared of discussing things; after all you would be paying the fees for the same issue.
Elena Kitsch is an author of 123nylaw.com,one of the best foreclosure defense attorney in New York City, USA. She has been writing articles on bankruptcy automatic stay for 123nylaw.com