Benefits of the Automatic Stay – Savannah Georgia bankruptcy law firm

Eviction – If you are being evicted from your household, the automatic stay might provide some assistance yet the new bankruptcy regulations makes it simpler for landlords to proceed with evictions. If your landlord already has a decree of possession against you when you file, the automatic stay will not affect the eviction proceedings; the landlord can continue just like you had not filed for bankruptcy. And if the landlord alleges that you have been endangering the property or using controlled substances there, the automatic stay shall not do you much good, either. In other cases, the automatic stay might get you a few days or weeks, but the landlord will probably petition the court to lift the stay and allow the eviction and the court may probably agree to do so.

Collection of overpayments of public benefits – If you have been overpaid the public benefits which you are entitled to received, normally the agency can recover the overpayment out of your future checks. The automatic stay stops this collection. However, if you become ineligible for benefits, the automatic stay will not prevent the agency from denying or terminating benefits for that reason.

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