FL BANKRUPTCY ATTORNEYS FOR MARTIN, ST. LUCIE, AND PALM BEACH COUNTIES

The Chapter 7 and Chapter 13 bankruptcy lawyers of Treasure Coast Legal represent clients who have fallen behind on their monthly bills and are in danger of losing their homes, vehicles, and other property. By the time most individuals retain the services of our bankruptcy law firm, they have been approached by multiple creditors—often in embarrassing and uncomfortable ways. The automatic stay is a feature of Chapter 7 and Chapter 13 bankruptcy that prohibits bill collectors from making any attempts to collect from our clients until the stay is lifted at the completion of the bankruptcy. There are circumstances, however, where a creditor can file for a motion to lift the automatic stay during the course of the proceedings.

Valid Creditor Reasons to Lift the Automatic Stay

In order to lift the automatic stay, the creditor has to convince the bankruptcy court that it has a legally valid reason for its removal. The creditor has to file the motion with the court, and the debtor's attorney has the opportunity to defend his or her client. Valid reasons that might be considered by a Florida bankruptcy court include:

• The debt is secured by property and the debtor has stopped making payments
• The creditor can demonstrate that the debtor is guilty of fraud
• The creditor can demonstrate that it will be unduly harmed unless it is allowed to pursue the debt

Successful motions to lift the automatic stay are rare, in general, and our attorneys have a great deal of experience defending our clients' interests against them. In any case, the creditor must successfully file a motion for each debt account it wishes to have lifted, and a successful motion to lift automatic stay does not affect the claims of other creditors.

Full Service Bankruptcy Lawyers of Stuart and Fort Pierce, FL

Treasure Coast Legal is a full service bankruptcy law firm that handles all phases of Chapter 7 and Chapter 13 bankruptcies. Our attorneys have experience defending motions to lift automatic stays and represent our clients during all hearings and motions. If you are unable to pay your bills and are contemplating filing Chapter 7 or Chapter 13 bankruptcy, contact our Stuart or Fort Pierce law office at 772-621-2898.