Oregon Notice of Chapter 13 Bankruptcy and Automatic Stay
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How to fill out Oregon Notice Of Chapter 13 Bankruptcy And Automatic Stay?
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FAQ
Generally, the creditor on a post-petition debt cannot collect the debt until either the automatic stay is terminated or the creditor receives permission to collect from the bankruptcy court.
Creditors can file a Motion for Relief from the Co-debtor Stay and ask the Court to terminate the Stay under any one of three appropriate circumstances.
Generally, the court can sanction a violation of the automatic stay under its power of contempt (because the creditor violated the court's order). The court can impose fines, assess attorney's fees, and order the collector to pay damages. Punitive damages are not available. File a lawsuit.
Two Bankruptcies Within One Year: Stay Limited to 30 Days. Three Bankruptcies Within One Year: No Automatic Stay. Asking the Court to Impose the Stay or Extend It Beyond 30 days. Joint Bankruptcy Filings. If the Stay Is Not In Effect: What Can Creditors Take?
2d 206, 207 (2d Cir. 1986) (Since the purpose of the stay is to protect creditors as well as the debtor, the debtor may not waive the automatic stay); Matter of Pease, 195 B.R. 431, 434 (Bankr.
Filing for Chapter 7 or 13 bankruptcy automatically triggers the stay. No additional action is required for the automatic stay to go into effect. (Learn more in Bankruptcy's Automatic Stay.)
Defaulting (failing to make payments) on your Chapter 13 plan has many unfortunate consequences. It can lead to your creditors obtaining permission from the court to foreclose on your house or repossess your car. Or the court might dismiss your case or never approve it in the first place.
Once they get a court order lifting the automatic stay, the creditor is allowed to move forward with the foreclosure or repossession of the property that secures the debt.You no longer have the property and you're still paying on it.
If you fall behind on your Chapter 13 plan payments, your bankruptcy trustee or a creditor will usually ask the court to dismiss your bankruptcy case. However, other options might help you save your bankruptcy and obtain a discharge.