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Glossary/Automatic stay

What is Automatic stay?

In short

Filing a bankruptcy petition automatically stops most collection actions against the debtor and the debtor's property, including lawsuits, foreclosures, repossessions and collection calls.

Key takeaways

  • It doesn't stop criminal proceedings or the collection of child support and alimony from property outside the bankruptcy estate.
  • A creditor can ask the court for relief from the stay, for example when its collateral isn't adequately protected.
  • Actions taken in violation of the stay are generally void.

Where it's tested

REG: Debtor-Creditor & Bankruptcy — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

The filing of a bankruptcy petition triggers an automatic stay, which:

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