Chandler, AZ asked in Bankruptcy for Arizona

Q: I filed chapter 7 and my creditor requested relief from automatic stay it was granted i filed 13 do I get a new stay

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2 Lawyer Answers
Mark Bredow
Mark Bredow
Answered
  • Bankruptcy Lawyer
  • Bloomfield Hills, MI

A: The court's do not like having two separate bankruptcy cases open by a single debtor at one time. That said, filing a new chapter 13 case will impose a new automatic stay. Or, if you convert your existing Chapter 7 case to a Chapter 13 case, that would be a new order of relief and a new bankruptcy stay, should be in place.

Stuart Nachbar
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Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: No, you usually do not get a new stay, but in a chapter 13 you can be making payments to the creditor and keep the property. Talk with your lawyer

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