Browse terms
The bankruptcy process
Automatic stay
An order that takes effect automatically when a bankruptcy case is filed and stops most collection actions against the debtor and the debtor's property. 1
Talk to a lawyerHow it works
Filing a bankruptcy petition triggers the automatic stay. It stops lawsuits, foreclosures, garnishments and most other collection activity. 1
It also covers attempts to repossess or take control of property, to enforce liens and to collect debts from before the bankruptcy. Collection calls and letters count as acts to collect. 2
In Chapter 13, a separate codebtor stay generally stops creditors from collecting a consumer debt from someone who owes it together with the debtor. 3
What it covers
| Usually stopped | Not stopped |
|---|---|
| Lawsuits to collect a debt 1 2 | Criminal cases 1 2 |
| Foreclosures 1 2 | Cases to set or change child support or other domestic support orders 1 2 |
| Wage garnishments 1 | Garnishment for child support and other domestic support 1 |
| Repossessions and lien enforcement 2 | Certain government enforcement actions 2 |
| Collection calls and letters 2 |
General rules only. Whether a specific action is stopped depends on the facts of the case.
Questions about the stay
Does the automatic stay stop a wage garnishment?
Generally yes. Garnishment for domestic support obligations such as child support is an exception. 1
Can filing stop a foreclosure?
Filing can stop foreclosure proceedings, and a Chapter 13 plan may let you catch up on missed mortgage payments over time. 3
Do collection calls have to stop?
Collection calls and letters about debts from before the bankruptcy are acts to collect, which the stay covers. 2
Sources
Facing a garnishment, foreclosure or repossession?
A bankruptcy lawyer in your state can tell you how the stay applies to your case.
Connect to a bankruptcy lawyer