Harrison, MI asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan

Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?

2 Lawyer Answers
Michael Hollins Sr.
Michael Hollins Sr.
Answered
  • Bankruptcy Lawyer
  • Nashville, TN
  • Licensed in Michigan

A: Typically the stay lasts for 30 days unless you, your case trustee, the U.S. trustee, or your creditor request that the stay remains in effect.

Timothy Denison agrees with this answer

David Soble
PREMIUM
David Soble
Answered
  • Foreclosure Defense Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non compliance by the debtor. Creditors need to file a motion to lift the stay.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.