Bronx, NY asked in Bankruptcy for New York

Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

And do the bank have to motion the court again to remove the chpt13 stay?

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6 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island

A: Did you have a lawyer when you filed? If so you should ask your attorney or get one before it’s too late.

Jonathan David Warner agrees with this answer

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY

A: No! It is not that simple. A conversion to a Chapter 13, will also need a new motion to reimpose the automatic stay. The Judge is not going to grant that motion easily. Your situation requires an in person consultation and more facts, than what you posted here.

Jonathan David Warner agrees with this answer

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New York

A: While I agree with the other two answers, it also depends on how the original order lifting the stay was written. The Order could state that the Order survives any conversion. Please seek out counsel in your jurisdiction if you do not already have counsel working on your case.

Jonathan David Warner agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: No. And your conversion will likely not be granted as you cannot pay the mortgage debt in a Ch. 13 or you would have done so.

Jonathan David Warner agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need to retain a competent bankruptcy attorney to handle this for you if you have not already done so.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: Not necessarily. This is not an easy question to answer, even with all of the relevant information before the attorney. My assumption is that you do not have an attorney. Your best avenue of relief is to hire one who is extremely familiar with Motion practice and Bankruptcy litigation.

Good luck!

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