If a creditor violates the automatic stay their actions are voided out. Any violation of the stay might cause the violating party to have damages assessed to them. But, like every complicated law, there are exceptions. A creditor might be allowed to take their collateral if they obtain permission from the court first. They’ll get this by filing a motion for relief from the automatic stay.

The court will either grant the motion or provide security to the creditor, ensuring that the value of their collateral won’t decrease during the stay. Without the protection of the automatic stay creditors could hypothetically race to the courthouse in order to improve their positions against a debtor. If this happened, and let’s say that a debtor’s business was facing just a temporary crunch, it might not survive a “run” by creditors when their business could otherwise be salvaged. A run may also result in waste and it might be unfair to similar creditors that are owed money too.

There are three kinds of avoidance actions, and all of these attempt to limit the risk of the legal system encouraging the downfall of a financially unstable debtor who hasn’t declared bankruptcy yet. The bankruptcy system will typically reward creditors who continue extending financing to debtors and will discourage creditors from ramping up their debt collection efforts.

Despite the seemingly simple nature of these rules, a couple of exceptions exist in the context of each category of avoidance action.

Mallory Megan works for a debt collection agency. She also writes stories on business, finance, the credit industry, and collection agencies. Get a totally unique version of this article from our article submission service

The easy calculation requires the interest rates for each debt account only. Assuming that all debt accounts have the same tax liability. If not, you can determine your interest rate after taxes for this calculation.

Your first step is to order your debts; highest interest rate to lowest. You\’ll probably find credit cards at the top of the list. Retail credit cards offered by stores usually have the highest interest rates, so you might find this type of credit card on the top. Make sure that the rates did not fluctuate from the promotional rates that you originally signed up for. Card issuers can change your interest rates at any time. They are supposed to give warning, but you may not receive this warning.

Your home equity loans and your mortgage might be the next debts on the list. It\’s imperative that you capture every debt for which you make a monthly payment. Student loans might be the last on the list.

Next, pay the minimum to all debts every month. You will pay the minimum monthly payment for all of the debts, except for the one account listed at the top of the list.The next thing you want to do is send all extra available cash to the debt with the highest interest. All unused income after paying expenses should be dedicated towards the debt account with the highest interest rate.

Repeat these steps every month. You will protect your finances by making sure every creditor receives the minimum payment, but you will hone in on your debt that has the highest interest. Once a debt account has been eliminated, remove it from the list and re-order if interest rates have changed.

Mallory Megan works for a debt collection company. You can get a unique content version of this article from the Uber Article Directory.