Hyattsville, MD asked in Bankruptcy for New York

Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?

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5 Lawyer Answers

Stuart Nachbar

PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New York

A: Yes, technically the automatic stay dissolves on the issuance of the Discharge Order, but the injunctive nature of the Discharges kicks in with relation to any pre-petition debts.

Michael David Siegel

Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: No. Unless relief is granted by motion, the stay ends when the case is closed.

Karra Kingston

Answered
  • Bankruptcy Lawyer
  • Staten Island, NY

A: Yes

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. The stay is terminated by the discharge but the injunctive aspect is triggered which prevents all creditors from taking any further actions against you.

Theodore L. Hall

Answered
  • Bankruptcy Lawyer
  • Mobile, AL

A: Yes, the automatic stay ends with the issuance of a discharge order. The discharge order enjoins creditors from trying to collect on dischargeable debts, so the protection is, for all practical purposes, seamless. HOWEVER, once the automatic stay ends, creditors with nondischargeable debts (such as most recent taxes, child support, most student loan debt) can then seek collection.

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