If I file for bankruptcy, will the Automatic Stay stop this administrative proceeding? 10 Answers as of December 13, 2016

I am receiving worker's compensation. My original doctor wrote that I was 100% disabled. My new doctor says that I am 50% disabled. The people at worker's comp want to diminish my benefits.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, it will not stop the case because you are the party bringing the underlying action.
Answer Applies to: California
Replied: 12/13/2016
Underwood & Riemer, P.C.
Underwood & Riemer, P.C. | James D. Patterson
No, the Automatic stay only applies to any creditor actions against you for your debt. You will need to inform your WC attorney that you have filed, and motions may be necessary in the bankruptcy court for you to continue pursuing and receiving money from your WC action. Good luck!
Answer Applies to: Alabama
Replied: 12/13/2016
Ronald K. Nims LLC | Ronald K. Nims
No, the automatic stay will not stop any proceeding concerning your claim of future benefits. It only stops proceedings by your creditors attempting to collect debts.
Answer Applies to: Ohio
Replied: 12/10/2016
Stephens Gourley & Bywater | David A. Stephens
Probably not. The stay generally applies to creditors attempting to collect money from you.
Answer Applies to: Nevada
Replied: 12/10/2016
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
The automatic stay prohibits collection activity by your creditors. However, it should not stop a worker's compensation proceeding, for that has nothing to do with a debt you owe to somebody, it has to do with benefits that will be payable to you.
Answer Applies to: Oregon
Replied: 12/10/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You have not presented the full facts, but I presume you are appealing a decision to reinstate your benefits back to 100%. All your bankruptcy will do is prevent the insurance company from suing you to recoup any claim you were overpaid. Under these circumstances, I would think you would WANT to have the administrative proceeding continue, since you could win.
    Answer Applies to: Nevada
    Replied: 12/10/2016
    OlsenDaines | Rex Daines
    No, the automatic stay will not effect the state determining what it owes you. The automatic stay would stop the state in determining what you owe it.
    Answer Applies to: Oregon
    Replied: 12/9/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    I don't think it should. The Automatic Stay applies to actions to collect from you, not actions where you are seeking to collect.
    Answer Applies to: Wisconsin
    Replied: 12/9/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    Possible but uncertain without more details. You should seek legal counsel before filing bankruptcy.
    Answer Applies to: Oregon
    Replied: 12/8/2016
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Probably not. This is a question of state law and you need to see a worker's comp attorney. As I understand the question, they are seeking to change the benefit going forward, not collect something from the past. If this is the case, bankruptcy will not affect the proceeding.
    Answer Applies to: Washington
    Replied: 12/8/2016
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