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Why is automatic stay important?

Most importantly, the automatic stay prevents creditors from taking actions to collect pre-bankruptcy filing debts, continuing any pending legal proceeding or initiating new legal proceedings against the debtor, and foreclosing on the debtors property.

Can a debtor waive the automatic stay?

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.

What is an automatic stay in Chapter 11?

The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition.

What is the purpose of automatic stay?

An automatic stay stops creditors from trying to collect debts from a debtor who has filed for bankruptcy until court proceedings are completed. Creditors, collection agencies, and others who violate the automatic stay can be sued by the debtor.

How fast is an automatic stay?

For Chapter 7, its often the case that a stay will last the 3-5 months the court case is open. For Chapter 13, bankruptcy cases could take anywhere from 3-5 years. Again, multiple filings can also affect the length of an automatic stay.

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