Terry Law Group, LLC represents individuals and business in Bankruptcy proceedings. A bankruptcy case typically commences with the filing of a Petition under Chapter 7, 11, or 13. In an involuntary case, the debtor files the petition. In an involuntary case, one or more creditors file the petition. An involuntary case can only be commenced under Chapters 7 and 11.
A petition operates as a stay to the commencement or continuation of a suit that could have been commenced before the filing of the petition. This includes recovery of a claim that arose before the filing of the petition, the enforcement of a judgment obtained before the petition, any act to obtain possession of the property of the estate, and lien that secures a claim that arose before commencement of the bankruptcy case.
Notwithstanding the foregoing, during a stay, a creditor may communicate with the debtor, accept unsolicited payment; take action against non-estate property, and evict a non-residential tenant after expiration of the lease.
Also, the Bankruptcy laws exclude certain matters from the automatic stay. These matters include criminal actions, the filing of PMSI security interests, the presentment of negotiable instruments or the protest or dishonor of said instruments, paternity and alimony suits, government actions that pertain to police or regulatory power, setoffs of margin accounts, foreclosure by HUD, audits, demands for tax deficiencies or returns, and an action to revoke accreditation or licensure.
In addition, a bankruptcy court may lift an automatic stay under certain circumstances including but not limited to a lack of adequate protection.