What is the automatic stay?

Upon the filing of a bankruptcy a "stay" goes into effect which prohibits creditors from taking or continuing most actions to collect money or property from the debtor. See Bankruptcy Code sec. 362. A creditor wishing to proceed with an action against the debtor or its property must first obtain permission from the Court, or face a potential claim for damages, including costs and attorney's fees, and, in appropriate circumstances, punitive damages. Creditors who are uncertain of their rights should seek legal advice.