Automatic Stay

Automatic Stay Attorney on Maui

What Is an Automatic Stay?

An automatic stay is a legal provision within U.S. bankruptcy law that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Upon filing for bankruptcy, an automatic stay immediately takes effect, providing the debtor with a temporary reprieve from their financial burdens. This suspension prevents creditors from initiating or continuing lawsuits, wage garnishments, or even telephone calls demanding payments. It's important to note that an automatic stay is temporary and it's not a solution to the financial problem, but rather a tool to reorganize and determine the best course of action under the protection of bankruptcy laws.

If you are struggling to keep up with your bills and creditors are constantly calling, it may be time to consider filing for bankruptcy. The Law Office of Jean Christensen LLLC has been helping people on Maui and throughout Hawaii since 2009. Whether you are dealing with a debt collector or a home foreclosure, our firm can help you get the relief you need. 

Are you behind on your bills? Call (808) 865-0420 for a free consultation. We can help you decide if an automatic stay is the right choice for you.

How to Receive Automatic Stay When Filing for Bankruptcy

When you file for bankruptcy, you will receive an automatic stay. This is a court order that stops any collection actions against you. If you are being harassed by a creditor, the automatic stay can stop their actions and give you the time you need to reorganize your finances.

The automatic stay is effective as soon as your bankruptcy petition is filed with the court. It will last until the bankruptcy court discharges your bankruptcy case, usually between four and six months. If you are filing for chapter 7 bankruptcy, the automatic stay will last for the duration of the case. If you are filing for chapter 13, the automatic stay will last until your repayment plan is completed.

Can an Automatic Stay Be Extended?

In the state of Hawaii, an automatic stay can indeed be extended. Extension of an automatic stay is not automatic and requires the debtor to demonstrate to the court that the extension is in good faith. The court typically considers factors such as whether the debtor has filed for bankruptcy multiple times, the short period between filings, and if the debtor has a feasible plan to pay off their debts. It should be noted that the process can be complex and it's advisable to consult with an experienced bankruptcy attorney to navigate these waters. Extensions are granted at the discretion of the court and the circumstances surrounding the debtor's financial situation.

Supporting Clients in Extending or Enforcing Automatic Stay Orders on Maui

Our bankruptcy attorney at The Law Office of Jean Christensen LLLC can play an indispensable role when it comes to extending and enforcing automatic stay orders. Our knowledge in the field can guide you through the maze of legal procedures, ensuring that your rights are safeguarded. 

Here are some key ways our firm can assist:

  • Guidance through the process: Our legal team can guide you step-by-step through the process of filing a motion to extend the automatic stay. We understand the intricacies of the law and work to ensure that all procedures are followed correctly.
  • Representation in court: Our experienced attorney can represent you in front of the bankruptcy judge. We can argue your case persuasively, focusing on why the automatic stay should be extended in your particular circumstances. 
  • Handling creditor harassment: If creditors continue to harass you after an automatic stay has been imposed, our attorney can take legal action to enforce the stay and protect you from further harassment. 
  • Development of a financial plan: Our experienced professionals can also help you create a realistic and feasible financial plan. This plan can be a significant factor when demonstrating to the court that you have a sincere intention and a viable strategy to resolve your debts.

Remember, the objective is not just to get an extension on the automatic stay, but to use the time wisely to design a sound financial future. Our proficient bankruptcy attorney can be instrumental in this process, helping you take full advantage of the protections offered by bankruptcy laws.

Contact Our Maui Automatic Stay Bankruptcy Attorney

Filing for bankruptcy can be a complex process, especially if you need support in filing for, extending, or enforcing an automatic stay order. Our firm can help you navigate the automatic stay process and help you get the relief you need. We can also help you deal with collection actions, home foreclosures, and more.

Call The Law Office of Jean Christensen LLLC today at (808) 865-0420 to get started on your path to financial freedom. We start with a free initial consultation. 

Why Work With Attorney Jean Christensen?

  • Compassionate Service
    Attorney Jean Christensen is easy to talk to and brings an empathetic approach as she helps you navigate through your difficult legal matter.
  • Dedicated Attorney
    Work with Attorney Jean Christensen throughout your entire case, not a paralegal.
  • Experience
    Attorney Jean Christensen has over a decade experience in navigating bankruptcy cases.
  • Free Consultation
    Our firm offers a free consultation to discuss your case and see if we are the right fit for you.

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