Automatic Stay Bankruptcy Attorney in Jackson, Mississippi

If you’re struggling with debt, you may be considering bankruptcy as a way to get a fresh start. However, the bankruptcy process can be complex and confusing. As such, it’s important to have an experienced Mississippi automatic stay bankruptcy attorney on your side. The automatic stay is one of the key benefits of filing for bankruptcy, but it can also be one of the most difficult aspects of the process to understand. At The Rollins Law Firm, we can help you navigate the automatic stay and make sure that you get the fresh start that you need. Contact us today to schedule a consultation.

The automatic stay is one of the most powerful tools available to debtors in bankruptcy. It immediately stops all collection activity, including wage garnishments, foreclosures, and evictions. The automatic stay gives debtors a much-needed breather to get their finances in order and develop a plan to move forward.

At The Rollins Law Firm, our experienced bankruptcy attorneys have a deep understanding of the automatic stay and how it can be used to protect debtors in Mississippi. We are here to help you navigate the bankruptcy process and make the most of this powerful tool. If you are struggling with debt, we encourage you to reach out to our firm for a free consultation. We can help you explore your options and develop a plan.

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What is “automatic stay”?

The automatic stay is a provision of the United States Bankruptcy Code that goes into effect when you file your bankruptcy petition and that prevents creditors from taking any action to collect on a debt.

Automatic stays can be very powerful reasons to file for bankruptcy, but only if you are at risk of being evicted, having your home or business foreclosed on, being found in contempt for not paying child support, losing basic resources like utility service, welfare, or pay cuts because of wage garnishments.

It stays in place until the bankruptcy case is closed, dismissed, or the debtor gets a discharge. The automatic stay gives debtors some much-needed time to reorganize their finances and come up with a payment plan. In essence, it provides you with a temporary reprieve from your creditors.

In simpler terms, when you file for bankruptcy, the automatic stay immediately stops any lawsuit filed against you and most actions against your property by a creditor, collection agency, or government entity.

Why do I need an automatic stay bankruptcy attorney in Mississippi?

automatic stay bankruptcyIf you’re considering filing for bankruptcy in Mississippi, you may be wondering if you need an automatic stay bankruptcy attorney. The automatic stay could give you the breathing room you need to get your finances back on track. However, there is a process to be able to get an automatic stay. 

At The Rollins Law Firm, we have automatic stay bankruptcy lawyers who can help you through the process, from bankruptcy filing up to discharge. Our bankruptcy attorneys have a deep understanding of the law and will fight to protect your rights. Contact us today to schedule a consultation. We’ll help you explore all of your options and make the best decision for your situation.

What can the Automatic Stay Prevent (at Least Temporarily)?

In Mississippi, the automatic stay is a legal order that goes into effect when you file for bankruptcy. The automatic stay can give you some short-term relief from creditors. It stops them from taking certain actions against you, like utility shutoffs, evictions, wage garnishments, and foreclosures.The automatic stay can also prevent the collection of overpayments of public benefits. However, the automatic stay is only temporary, and it will eventually expire. Once the automatic stay expires, creditors will be able to resume their collection activities.

Evictions and the Automatic Stay in Bankruptcy

Eviction is a legal process that landlords use to remove tenants from their property. If you’re being evicted, the automatic stay may provide some relief, but it’s usually only temporary. If your landlord already has a judgment of possession against you when you file for bankruptcy, the automatic stay won’t affect these eviction proceedings; the landlord can continue just as if you hadn’t filed for bankruptcy. 

If the landlord alleges that you’ve been endangering the property or using controlled substances there, the automatic stay won’t do you much good, either. However, if you’re facing eviction and you live in Mississippi, the automatic stay may give you a little more time. In Mississippi, the automatic stay lasts for 45 days after you file for bankruptcy.

Foreclosure

In Mississippi, a homeowner who is going through with a foreclosure can use the automatic stay to put a halt to the process for a short time. 

When you file for bankruptcy, an automatic stay temporarily halts most foreclosures. However, the automatic stay may not stop a foreclosure entirely. The lender can ask the court for permission to continue with the foreclosure by filing a motion. In order for the automatic stay to apply to your home, you must be current on your mortgage payments at the time you file for bankruptcy. If you are behind on payments, the automatic stay will only halt the foreclosure process until you have caught up on payments. 

For homeowners who want to keep their homes, Chapter 13 bankruptcy will be a better remedy because they could catch up on back payments in a three- to five-year repayment plan. In contrast, Chapter 7 bankruptcy does not have a mechanism that will allow homeowners to retain their homes if they are behind, so the relief provided by the automatic stay will be temporary. 

Utility Disconnections

If you’re behind on a utility bill in Mississippi and the company is threatening to disconnect your water, electric, gas, or telephone service, the automatic stay will prevent the disconnection for at least 20 days. Although the amount of a utility bill itself rarely justifies a bankruptcy filing, it might make sense to file if you have other debt that you can discharge. 

Be aware that the utility company may be able to ask you to pay a deposit to make sure that you will pay for your electricity and gas. In some cases, it may be possible to work out a payment plan with the utility company. 

If you’re considering filing bankruptcy to resolve your issues on utility bills and other debts, it’s important to speak with an experienced bankruptcy attorney to understand all of your options.

Collection of overpayment of public benefits

An automatic stay prevents government entities from taking any debt collection activities against you. This includes the collection of overpayment of public benefits. If you have received public benefits and were overpaid, the automatic stay prevents the agency from collecting the overpayment out of your future checks or from you directly.

It doesn’t mean that if you become ineligible for benefits, the automatic stay doesn’t stop the agency from stopping or denying your benefits for that reason. If you have any questions about how the automatic stay affects your specific situation, it’s best to consult with a bankruptcy attorney.

Multiple wage garnishments

Filing bankruptcy can help stop wage garnishments. In most cases, the automatic stay that is put in place when you file for bankruptcy will stop wage garnishments dead in their tracks. This means that you will get your full salary and be able to get rid of qualifying debt, like credit card debts and personal loans, in bankruptcy.

What the Auto-Stay Doesn’t Prevent

The automatic stay is one of the key protections afforded by bankruptcy. However, there are a few exceptions to the automatic stay. People who file for bankruptcy can’t always stop certain tax and support actions, as well as criminal proceedings and loans from their pension. 

In addition, if you have filed for bankruptcy many times, the automatic stay may only last for a short time.Despite these exceptions, many debtors in Mississippi can still get a lot of help through bankruptcy because of the automatic stay.

Certain tax proceedings

The automatic stay that goes into effect when you file for bankruptcy can provide some relief from creditors, including the IRS. Even though the automatic stay is only for a short time, it’s important to know that the IRS can still send you a tax deficiency notice or demand that you pay an assessment. 

Whether you’ll be responsible for the tax after your bankruptcy will depend on the type of bankruptcy you file and whether the tax gets discharged in Chapter 7 bankruptcy or paid in Chapter 13 bankruptcy. 

Support actions

If you are facing a lawsuit for paternity or child support, filing for bankruptcy will not stop the proceedings. The automatic stay, which halts most collection actions against a debtor, does not apply to child support or alimony cases. This means that if you are behind on payments, the other party can still take legal action to establish or collect the amounts owed. 

In addition, if you are paying child support or alimony and fall behind on your payments, the other party can still take legal action to collect the unpaid amounts. If you are facing a child support or alimony lawsuit, it is important to speak with a reliable automatic stay bankruptcy attorney in Mississippi for legal advice.

Criminal proceedings

If you have been convicted of a crime, you may be wondering if filing bankruptcy will stop any criminal proceedings that are currently taking place. The answer is “no”-the automatic stay bankruptcy Mississippi law put in place will not stop a criminal proceeding. 

This means that if you are already doing community service, you will still have to do that service. Furthermore, if you have been ordered to pay a fine as part of your punishment, you will still be required to pay that fine. In short, bankruptcy will not protect you from the consequences of your crimes.

Loans from a pension

If you have a loan from a pension, the automatic stay that goes into effect when you file for bankruptcy will not necessarily protect your pension from being used to repay the loan. In fact, most job-related pensions and IRAs are exempt from the automatic stay. This means that the money can be withheld from your income to repay the loan, even if you are in bankruptcy. 

However, there are some exceptions to this rule. If you live in Mississippi, for example, the automatic stay will protect your pension from being used to repay a loan. If you have any questions about whether your pension is protected by the automatic stay, you should speak to an experienced bankruptcy lawyer.

Multiple filings

According to Mississippi automatic stay bankruptcy law, if you had a bankruptcy case pending during the previous year, then the stay will automatically terminate after 30 days unless you, the trustee, the U.S. Trustee, or a creditor asks for the stay to continue and proves that the current case was filed in good faith. If a creditor had a motion to lift the stay pending in the previous case, the court would presume that you acted in bad faith, and you’ll have to overcome this presumption to get the protection of the stay in your current case. 

In other words, if you want to file for bankruptcy again in Mississippi, you need to be sure that all previous cases have been resolved and that you can prove to the court that you’re acting in good faith. 

Call our automatic stay bankruptcy attorney now!

If you’re facing financial woes, it’s important to consult with a competent automatic stay bankruptcy attorney in Mississippi as soon as possible. The Rollins Law Firm has helped countless clients navigate the bankruptcy process, and we can help you too. We understand the ins and outs of automatic stay bankruptcy law, and we’ll work tirelessly to ensure that your rights are protected. Contact us today to schedule a free consultation. We look forward to helping you through this challenging time.

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Testimonials

They made the process so easy to complete

The Rollins firm assisted me at a very low point in my life. After having a lot of medical issues and expenses, I found myself unable to make ends meet. Mr. Rollings and his staff worked very promptly to help. They made the process so easy to complete.

Vinester Smith

I’m feeling a lot better about my financial future and thankful for all their help.

I went into Mr. Rollins’ law firm not knowing what to expect. After my first meeting with his team, I knew I made the right decision to contact his office. Everyone was knowledgeable and very willing to answer any questions and prompt with their responses. I’m feeling a lot better about my financial future and thankful for all their help.

Dawn Barfield

Helped me through a very stressful time.

Helped me through a very stressful time. Mr. Rollins and his staff have been very nice and professional. They are always very quick to respond to any questions I may have. I would recommend Rollins Law Firm to anyone.

Kim Ainsworth

I had a wonderful experience

I had a wonderful experience. The staff were nice and very informative. The process was quick and easy. Very affordable for me being a single parent. Would recommend anyone there.

Lashay H

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband

The Rollins Law Firm has made filing for bankruptcy very easy and understandable for me and my husband. We are young and clueless about a lot, so having them walk us through literally everything has been great! The staff is wonderful and very responsive. We have never waited long for a call, text, or email back. We want to thank Breanne, Alex, Grayson, and Mr Rollins himself for such a positive experience. Of course, bankruptcy isn’t a good thing but when it’s your only option, this is the firm you want to use! It’s been affordable and quick. We are super pleased with the experience from the time we first called their office til today after filing with them!

Rebecca Harvey

Rollins Law Firm has gave me hope during a dark time

I was searching the web for information in on filing bankruptcy and discovered Rollins Law Firm. My situation was so uncertain and overwhelming but after consulting with Grayson, Jennifer, and Alex at Rollins Law Firm has gave me hope during a dark time. I am grateful for the help that I received and recommend Rollins Law Firm to anyone that is having difficulty with debt and don’t know where to start. There is a rainbow at the end of every tunnel. 🌈🌈❤️❤️

Courtney Crawford

The Rollins firm went above and beyond helping me

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Owens Booker

They are the most respectful people

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Beverly Wilson

Fast response and professional advice

Fast response and professional advice. Really great to work with and understand what a difficult time in one’s life this is. Will recommend to anyone

Bryan Aust

Rollins law firm made it easy and less stressful!!!

Some of the nicest people I’ve met. Very patient, kind, and helpful. They helped me through a very difficult situation. Filing bankruptcy is very challenging and the people at Rollins law firm made it easy and less stressful!!! I thank you guys so much for all of your help through this difficult situation!! I will recommend this firm to anyone considering bankruptcy!!

Stephanie Harris

They answered all my questions and didn’t make me feel stupid for asking them

This firm is amazing Mr. Rollins, Alex, Grayson, Jessica, and the whole crew. They answered all my questions and didn’t make me feel stupid for asking them. I met with a couple of attorneys about my situation and none of them came close to being as thorough as Mr. Rollins, save yourself the time and effort, no need to call a thousand attorneys, choose the Rollins law firm and get your financial life back.

Jonathon W

Definitely give this place your business, you wont regret it!

I used this firm in April and was blown away by how simple they helped to make the process for me. Every question I had, no matter how repetitive it was, they answered. I worked with Jessica a lot and she was amazing. Very patient and knowledgeable! If i could give them more stars I would. Definitely give this place your business, you wont regret it!

Natalia Ramsey

Rollins Law Firm was there every step and explained it all in a way that was easy to understand

This process is a hard decision to make.  Rollins Law Firm was there every step and explained it all in a way that was easy to understand.  They answered my questions, sent me emails and text messages with information and appointment reminders.  There were some videos and a booklet that was very very informational and helpful to me.

Lauren Primeaux

Relieve your financial worries and get you back on the right track!

My wife and I were in an impossible financial situation where over time, we had built up so much debt that we could no longer keep up with all the payments. We were getting further and further behind until we reached out to the Rollins Law Firm for help. They have the knowledge and expertise through their experience to handle our particular situation. Their entire team of professionals are always available to answer questions, explain your options, and then provide the legal service that you need to relieve your financial worries and get you back on the right track! I recommend the Rollins Law Firm to anyone who needs help to deal with financial struggles.

Mike Zegelien