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Mr Zimmerman was helpful and kind and prompt . He always answers his phone and that is refreshing . I will be using him for my bankruptcy in the future. He is one of the good ones . He is an outstanding attorney who truley care . He made ev...
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Mr. Zimmermann is a fantastic bankruptcy attorney who handled my case with care, efficiency and urgency. We were able to beat a judgement against me in the nick of time, and I truly feel a sense of relief due to the services of Mr. Zimmerma...
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This Lawyer will go above and beyond for you. As well as show tremendous empathy for those who are vulnerable and scared. His compassion to help civilian's shows through his actions and with his word. When he says he is going to call he cal...
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I’ve worked with Mr.Zimmerman on two different legal issues. In both instances he was fantastic! He is extremely knowledgeable and compassionate and able to breakdown a course of action into language anyone can understand. I would highly re...
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I highly recommend Mr. Zimmermann as an attorny. I recently purchased an investment property and boy was he helpful. He was easily available, very clear in explaining various concepts, laws and regulations, and provided very helpful tips o...
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- posted: Dec. 22, 2021
One of the benefits of filing for bankruptcy protection is the automatic stay, which stops most creditors in their tracks. It prevents filing or proceeding with lawsuits to collect judgments, to recover debts, to foreclose on your home or to evict you. It also blocks actions to repossess your vehicles, disconnect your utilities or garnish your wages, as well as other attempts to collect or take action on a debt without the bankruptcy court’s permission.
However, there are limitations on what an automatic stay can do. If you’ve filed a prior bankruptcy less than one year before, the automatic stay will only last for 30 days. If you filed two prior bankruptcies in the past year, you won’t be entitled to an automatic stay. You can still ask the court to impose a stay, but the court will grant your request only if you demonstrate that you’ve been acting in good faith.
Once in effect, the automatic stay doesn’t apply to every debt or to every action that can be taken against you. The following processes, among others, can continue:
- Civil actions involving issues of paternity, alimony, child support, child custody or visitation, divorce (not including the division of marital property) or domestic violence
- Collection of alimony or child support
- Withholding, revoking, suspending or restricting of drivers’ licenses
- Collection of taxes
- Eviction from expired non-residential real estate leases
- Criminal prosecutions relating to the debt, unless the debt repayment issue is separated from the criminal charges
- Government regulatory cases, including collection of fines and penalties
There are many other exceptions to the automatic stay that apply in particular situations.
Even where the automatic stay applies to a debt or to a creditor’s action, the court may grant relief from the stay for good cause. Upon a creditor’s request, the court may lift the stay if it finds that the bankruptcy filing was part of a scheme to fraudulently transfer property securing a debt or that lifting the stay is necessary to prevent irreparable harm to property.
The Law Offices of James C. Zimmerman can analyze your financial situation and give you reliable information on how an automatic stay can protect you during a bankruptcy. Call us at 973-764-1633 or contact us online to schedule a free consultation at any of our five offices, conveniently located in Vernon, Wayne, Pompton Lakes, Hackensack and Nutley, New Jersey.
