Exceptions to the automatic stay

While the automatic stay will put a stop to most collection activities, there are some collection actions that do not stop when you file for bankruptcy.  For instance, lawsuits to collect maintenance or child support or to establish paternity aren’t put on hold when you file bankruptcy.  The automatic stay also has no effect on suits to determine child custody or visitation rights.Other matters that aren’t halted just because you filed for bankruptcy include your responsibility to repay certain pension loans, criminal proceedings, and certain actions by the IRS.  Also, some eviction actions are stayed when you file for bankruptcy, but not all.  The automatic stay won’t stop your eviction if your landlord already had a judgment for possession against you when you filed unless the judgment permits you to stay on the premises and you pay all the rent due in the next 30 days to the bankruptcy court.  Your landlord can also move the court to lift the stay if your eviction is related to the use of illegal drugs.

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