We have always known that the moment a bankruptcy petition is filed, that is when I press the button on my computer and e-file the petition, an automatic stay against most collections actions takes effect.
It is still automatic in the first case, but if someone has had a previous case that was pending within one year, then the stay terminates at least in parþ after 30 days, unless you file a motion and the judge holds a hearing within the 30 days and decides to extend the stay.
You have to prove to the judge that this case is filed in good faith and is likely to succeed unlike the previous one. It is best to show a change in circumstances.
The more difficult situation is when you have had two or more cases pending “within the previous year.” No one knows if that means the previous 365 days or the previous calendar year. Regardless of which period applies if they apply you have no stay at all. A judge can impose a stay the same way as they can extend it. Since there is no stay, there is no protection from foreclosure or repossession until the judge signs an order imposing a stay.
If a previous case was not dismissed it does not count against you. Also in Chapters 12 and 13 there is a codebtor stay protecting cosigners and the property on consumer debts which can be a good fall back if you do not have an automatic stay.
Bankruptcy FAQ – Frequently Asked Questions
by Alex Wathen, Board Certified Consumer Bankruptcy Law – Texas Board of Legal Specialization
- Learn More About Bankruptcy
“Honest people are routinely taken advantage of by powerful banks and finance companies who know the rules. I work to level the playing field.”
Alex Wathen, San Antonio Bankruptcy Attorney-Lawyer
San Antonio: 11550 IH 10 West, Suite 180, San Antonio, TX 78230 (210) 853-5828 Make an appointment!
Austin: 11782 Jollyville Road, Austin, TX 78759 (512) 391-1886 Make an appointment!
Houston: 10333 Northwest Freeway, Suite 503, Houston, TX 77092 (281) 999-9025 Make an appointment!
Dallas: 4054 McKinney Avenue, Suite 303, Dallas, TX 75204 (214) 252-0042 Make an appointment!
Meetings with Alex Wathen in all the offices is only by appointment. Telephone appointments are also available. Principal office located in Round Rock, Texas.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
- Categories
- Recent Posts
- Sealed Congressman Hinojosa Documents Unveiled by Bankruptcy Attorney Alex Wathen
- I actually filed a case that got case number 11-11111
- Judge Holds Hearing on the Sealing of Congressman Ruben Hinojosa’s Bankruptcy Petition
- Congressman Ruben Hinojosa (who voted for the BAPCPA bankruptcy reform bill in 2005) Chpater 11 Bankruptcy: Read the documents
- Good news for those in Chapter 13: While Lowe’s lays off middle management, they will hire 8,000 – 10,000 new part time staff for weekends
- Archives
- Blogroll
- Pages
- Tags
- Categories