Activities Exempt From Automatic Stay | Dubuque Attorney

Nov 30, 2021
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Introduction

Welcome to Troy Powell Law Firm, your reliable legal partner in Dubuque. If you are facing a bankruptcy case, it's crucial to understand the concept of automatic stay and the activities that are exempt from it. Our team of experienced attorneys specializes in bankruptcy law and provides expert advice and representation to individuals and businesses navigating through this complex legal process.

Automatic Stay in Bankruptcy

In a bankruptcy case, an automatic stay goes into effect once the bankruptcy petition is filed. This stay is a legal protection that prevents creditors from taking certain actions against the debtor. It provides a breathing room for individuals and businesses to reorganize their debts and work towards a fresh financial start.

What is an Automatic Stay?

The automatic stay is a powerful tool that provides immediate relief to debtors by halting collection activities. It is an injunction that stops creditors from pursuing lawsuits, garnishing wages, repossessing assets, or making harassing collection calls. The automatic stay is a fundamental aspect of the bankruptcy process.

Activities Exempt from Automatic Stay

While the automatic stay offers significant protection, there are certain activities and proceedings that are exempt from its reach. It's important to be aware of these exemptions to navigate the bankruptcy process successfully. Here are some key activities exempt from the automatic stay:

1. Criminal Proceedings:

The automatic stay does not apply to criminal proceedings. If you are facing criminal charges, the bankruptcy filing will not halt those proceedings. It's essential to address your criminal matters separately through a criminal defense attorney.

2. Child and Spousal Support:

The automatic stay does not prevent the enforcement of child or spousal support obligations. These obligations are considered a high priority and are not affected by the bankruptcy filing. The debtor must continue to fulfill their support obligations as required by the court.

3. Tax Audits and Proceedings:

Bankruptcy does not halt ongoing tax audits or proceedings by taxing authorities. The automatic stay does not prevent the IRS or state tax agencies from conducting audits or pursuing collections related to tax debts. However, other aspects of tax debt may be subject to the automatic stay.

4. Paternity and Child Custody:

If you are involved in paternity disputes or child custody proceedings, the automatic stay does not apply. These matters are typically handled by family courts and are not affected by the bankruptcy process.

Get Expert Legal Assistance

Understanding the activities exempt from automatic stay is crucial when dealing with a bankruptcy case. At Troy Powell Law Firm, our knowledgeable attorneys have years of experience helping individuals and businesses navigate through the complexities of bankruptcy law.

We provide comprehensive legal advice, personalized representation, and guide you through every step of the bankruptcy process. Our team ensures that your rights are protected and helps you achieve the best possible outcome in your case.

Don't face bankruptcy alone. Contact Troy Powell Law Firm in Dubuque today and schedule a consultation with our bankruptcy experts. We are committed to providing the highest quality legal services to help you overcome financial hurdles and obtain a fresh start.

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