Legal Question in Bankruptcy in South Carolina
protection
when you decide to file bankruptcy, and pay a downpayment on the fee, are your assests protected from that point, or can say a vehicle be seized before your case is presented in court?
1 Answer from Attorneys
Re: protection
No, the automatic stay protection afforded by section 362 of the Bankruptcy Code does not "kick in" until the case is actually filed with the Court Clerk. As of that moment, however, all contact in pursuit of collecting a debt (such as repossession efforts) must cease. There's a lot more to it, of course - such as the fact that sometimes, repossessed property can be recovered, and that the stay can be revoked or extended on certain showings of facts, etc. But in any event, you must let your lawyer know immediately of any creditor contact such as repossession efforts.