Collection calls and Chapter 7 vs Chapter 13

The stay is a court order that appears by operation of law. You do not file a separate motion to start it. You file the petition.

What the stay usually stops

The Chapter 7 basics page and the Chapter 13 basics page use the same sentence. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or telephone calls demanding payments.

The clerk sends notice to the creditors whose names and addresses you put on the petition. A creditor who was not listed may keep collecting until they have notice.

What the stay does not stop

Section 362(b) lists actions the stay does not cover. The basics pages do not reprint that whole list. They do say some actions are left out, and that the stay may be effective only for a short time in some situations.

A repeat filing can shorten or remove the stay. If a prior case was dismissed in the last 180 days because you willfully failed to appear or obey a court order, or because you voluntarily dismissed after a creditor asked for stay relief, you may not be eligible to file at all.

Criminal proceedings, some support actions, and some tax actions can continue. Ask a lawyer which of those apply. This page cannot sort them for your facts.

Foreclosure and the house

In Chapter 13, the stay stops a foreclosure when the petition is filed. You can then catch up the past-due payments over the plan. You can still lose the house if the sale finished under state law before you filed, or if you miss the regular mortgage payments that come due after filing. Will I lose my house if I file Chapter 7? covers the Chapter 7 side of that question.

Co-signers

Chapter 13 has an extra stay for consumer debts. Unless the court says otherwise, a creditor may not collect a consumer debt from someone who is liable with you. Chapter 7 does not give co-signers that protection.

Asking for a call does not start the stay

Sending the form on this site does not file a petition. What to do when you can't keep up with the bills is the order for counseling and the filing itself. If you want someone on the file, how to choose a bankruptcy lawyer explains what to ask first.