Automatic Stay

Here's a quick overview of the automatic stay in bankruptcy.  It is a powerful reason for Chester County families to file a bankruptcy with a Chester County bankruptcy lawyer.  As most people know, the automatic stay will stop most civil legal proceedings (i.e. lawsuits from creditors such as credit card companies).  It will not stop/stay paternity, support or alimony proceedings.  

It will stop most "execution" proceedings (there are limitations for evictions) and they may compel restoration of utility service (i.e. your PECO services).  For an eviction based on "judgment of possession", the automatic stay does not go into effect unless the debtor pays the rent which will become due within 30 days after filing and files a certification that the debtor is entitled to cure the default.  Obviously, for strategic purposes, a bankruptcy should be filed before a judgment of possession is entered.  

The automatic stay may be limited if you filed a prior bankruptcy.  Specifically, the automatic stay will only last for 30 days if you had one prior dismissal within the year prior to the new filing.  Your bankruptcy lawyer in Chester County could file a motion to extend the automatic stay which could potentially extend this time limitation.  

If there are two or more dismissals within the year prior to the new filing, the stay does not go into effect unless the court imposes it.