When a bankruptcy case is filed, a federal rule called the automatic stay may temporarily pause certain collection actions. It can affect lawsuits, garnishments and foreclosure activity, but it does not erase debt or guarantee that every action will stop.
The stay’s scope and duration depend on the type of case, the property involved, prior filings and other facts. This guide explains the general rules as of October 28, 2026. It is general information, not advice about a specific case.
What the automatic stay can stop
The automatic stay generally begins when a bankruptcy petition is filed. Under 11 U.S.C. § 362, it restricts many efforts to collect debts that arose before filing. Depending on the facts, it may pause:
- A lawsuit to collect a pre-bankruptcy debt
- Enforcement of a judgment, including some garnishments or bank levies
- Collection calls and other collection efforts
- Repossession or other efforts to control property that is part of the bankruptcy estate
- Foreclosure activity, including steps in a pending case
- Certain actions to enforce liens against property
Examples are illustrative. Whether a particular action is stayed depends on the debt, property and applicable exceptions.
A filing may be relevant if you are facing a foreclosure lawsuit or sale date. But the stay does not decide whether the mortgage is valid, remove the lien, or make past-due payments disappear. A creditor may ask the bankruptcy court for permission to continue a particular action.
If a sale or hearing is approaching, bring the actual papers for review. A general explanation, or a website contact form, does not stop a sale or protect a court deadline. The firm’s foreclosure defense page explains why the case posture and dates matter.
What the stay does not stop
The stay has exceptions. Some legal proceedings can continue, including criminal matters and many family-law proceedings involving child custody, visitation, domestic violence or establishing or modifying support. A divorce case may continue in some respects, although dividing property that belongs to the bankruptcy estate can raise separate issues.
Certain government actions, tax-related steps and other proceedings may also fall within statutory exceptions. The details matter; do not assume that an action is stayed simply because it involves a debt or a court.
Evictions require specific review. The stay may affect an eviction, but exceptions can apply, including in some cases where a landlord already obtained a judgment for possession before bankruptcy. Special rules may also apply to certain eviction actions based on endangerment or illegal drug use at the property.
The stay generally applies to the debtor, not automatically to every other person connected to a debt. A co-signer or jointly responsible person may not receive the same protection. Chapter 13 has a separate co-debtor stay for some consumer debts, but its scope and exceptions need their own review.
The stay also does not discharge debt, determine who owns disputed property, or resolve the merits of a lawsuit. It is a temporary legal restriction on certain actions while the bankruptcy case proceeds. If a creditor believes an exception applies or has another legal basis, it can ask the bankruptcy court for relief from the stay.
How long does the automatic stay last?
There is no single duration that applies to every action. In a typical individual case, the general rules are:
- Actions involving property of the bankruptcy estate: The stay generally continues while the property remains part of the estate, subject to exceptions and court orders.
- Other stayed actions: The stay generally ends at the earliest of case closure, dismissal, or the grant or denial of a discharge in an individual Chapter 7 or Chapter 13 case.
- A creditor receives court permission: A judge may terminate, modify or condition the stay. If that happens, the creditor may continue only as allowed by the order.
A discharge and a stay are not the same thing. The stay limits certain collection activity while it is in effect. A discharge, if granted, may eliminate personal liability for qualifying debts. Some debts may not be discharged, and liens can receive different treatment.
Prior bankruptcy cases can change the rules
A recent dismissed case can affect whether the stay begins or how long it lasts. In some situations, if one individual case was pending and dismissed during the prior year, the stay may end after 30 days unless the court extends it. If two or more such cases were pending and dismissed during that period, the stay may not go into effect when a new case is filed unless the court imposes it.
These rules include requirements about good faith and court filings. Timing can be important, and Florida’s bankruptcy districts have their own procedures. If you have filed bankruptcy before, tell the attorney when each case was filed and dismissed, and provide any dismissal orders you have. Do not assume a new petition will create a full stay without a case-specific review.
What to gather before relying on the stay
If you are considering how to file bankruptcy in Florida, organize the facts before making a decision. Bring:
- Deadlines and court papers. Include foreclosure notices, lawsuits, garnishment notices, eviction papers and scheduled hearing or sale dates.
- Creditor and account information. Identify who is collecting, the type of debt and any collateral securing it.
- Prior bankruptcy details. Note the court, case number, filing date and outcome for each prior case.
- Current financial information. Gather income, expenses, property, debts and recent financial changes.
A Chapter 7 bankruptcy in Florida and a Chapter 13 bankruptcy in Florida may affect debts and property differently. Neither chapter is automatically the right choice. Eligibility, property, repayment ability, prior cases and long-term goals all need review.
Common questions
Does filing bankruptcy stop a foreclosure automatically?
Not always in the way you may expect. Filing generally triggers the stay, which may pause foreclosure activity, but exceptions, prior filings, court orders and timing can affect the result. The stay does not remove the mortgage or ensure you can keep the home.
Can a creditor ask the court to lift the stay?
Yes. A creditor may ask the bankruptcy court for relief from the stay. If the court grants the request, that creditor may be allowed to resume specified actions. The order and reasons for the request matter.
Does the stay stop collection of every debt?
No. It generally concerns collection of debts that arose before filing, but exceptions apply. New obligations and certain types of proceedings may receive different treatment.
Does contacting an attorney trigger the stay?
No. A consultation request or conversation does not create a bankruptcy stay. The stay generally arises from filing a petition, and filing should follow a review of your full circumstances.
Discuss your situation before relying on a general rule
A direct review can help clarify which actions may be stayed, what exceptions could apply and what deadlines remain. The Law Offices of Conwade D. Lewis, P.A., in Tamarac, offers free initial consultations. Attorney Conwade D. Lewis has been a member of The Florida Bar since 1992. You speak directly with the attorney about your situation and possible next steps.
If you are looking for a Tamarac bankruptcy attorney or a Broward County bankruptcy lawyer, you can request a consultation or call 954-714-1011. Bring your notices and prior bankruptcy information if available. Submitting a form does not create an attorney-client relationship or protect a deadline.