V is for Violation of the Automatic Stay

When you file bankruptcy, §362 imposes the automatic stay on all creditors. The automatic stay prevents all collection activity without bankruptcy court permission. This gives the debtor time to get their things in order while being shielded from creditors. So no garnishments, suing, collection calls, collection letters, etc.; just about anything a creditor does which is designed to compel a debtor to pay money is prohibited.

If a creditor violates the stay, you are entitled to damages. The amount of damages depends on the extent of the violation. If a creditor didn’t know about the bankruptcy and sends a single demand letter, then probably very little damages result. If a creditor knows about the bankruptcy and continues to try to collect on a debt, you would get more. Your attorney should be able to tell you if you have a good claim.

For more V terms:
Vehicle-Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell
Value-Silicon Valley Bankruptcy Attorney Cathy Moran
Vesting-Jay Fleischman, a bankruptcy lawyer in New York
Venue-Cleveland Bankruptcy Attorney Bill Balena
Venue-Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
Valuing Assets-Wisconsin Bankruptcy Lawyer, Bret Nason


  1. Bankruptcy A-Z: V is for “VENUE” | Metro Richmond Consumer, Bankruptcy and Small Business Lawyer | Goldstein Law Group - 12. Apr, 2012

    […] is for Vehicle. V is for Violation of the Automatic Stay. V is for Value. V is for Vesting. V is for […]

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