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.