Ask Bankruptcy Attorney in Sacramento, Stockton, Fairfield, CA – What is Automatic Stay? Are there Exceptions to Bankruptcy Automatic Stay?

Upon filing of a bankruptcy case, automatic stay immediately comes into effect and stop creditors from taking action against debtor and debtor's properties.  This is a powerful tool if your goal is to stop a foreclosure, wage garnishment, IRS tax levy or lien, repossession, lawsuit, or creditors' harassment. However, automatic stay does not stop all […]

Ask Bankruptcy Attorney in Sacramento, Stockton, Fairfield, CA – Bankruptcy Discharge Protects Community Property Acquired Postpetition from Creditor even if only One Spouse filed

When one spouse filed for bankruptcy, whether it is Chapter 7 or 13 Bankruptcy, the community property of both spouses become property of the bankruptcy estate.  Under 11 U.S.C. 523(a)(3), the bankruptcy discharge would protect community property acquired by either spouses postpetition (the date after filing) from prepetition community creditors. Any community debt that is […]