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Motion to Impose Automatic Stay

Tustin, CA |

I filed chapter 13 bankruptcy last month, and then converted to chapter 7 where an automatic stay was declared. My motion for extension of time to file schedules was denied and the case was dismissed without a bar. I re-filed chapter 7 last week. Do I need to file a motion to impose the automatic stay? Does the automatic stay "roll over" into this bankruptcy?

Attorney Answers 3

  1. You will need to file a motion to extend the automatic stay.

    So you previously filed BK, got dismissed, and you have re-filed. In that case, you still get an automatic stay, but it'll last for only 30 days.

    If your current case gets dismissed and you re-file, then that'll be your third filing, and you won't get an automatic stay. That's when you would have to file a motion to impose the automatic stay.

    You should retain counsel to help you.

  2. Since you had problems filing your petition before, it is best that you retain counsel to help you this time around with the schedules and motion. A motion to extend the automatic stay may be looked upon more favorably by a judge if you explain that your dismissal last time was mostly because you made errors because you did not have counsel.

  3. Technically, you need the motion to extend the automatic stay to be heard and ruled on within 30 days of filing. Practically, it may not be necessary in a Chapter 7 case. The automatic stay is short-lived anyway. Consult with a local attorney about local practice.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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