Q: If my husband filed bankruptcy and it was dismissed without prejudice and we file jointly now, will the automatic stay
Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?
Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.
Timothy Denison agrees with this answer
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