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
David Soble
PREMIUM
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.

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