Plainfield, IN asked in Bankruptcy for Pennsylvania

Q: Question about automatic stay protection and filing in the last year

I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to seek help from an attorney with the filing.

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3 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the claims you wish to be stayed, and it is probably those creditors, or one or more of them, who may object.

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

A: You can file a Motion to Extend the Stay pursuant to 11 USC 362(c)(2)(C), and show why the first one was dismissed and why this one should have the Stay and what is different. I strongly urge you to consult with Counsel as having the Stay in place is very important

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

A: File a motion to extend the automatic stay in your case and petition.

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