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How long does the automatic stay last in a Chapter 7 bankruptcy?

How long does the automatic stay last in a Chapter 7 bankruptcy?
"""The automatic stay in bankruptcy is an effective consumer protection mechanism."" Section 362 of the United States Bankruptcy Code halts most creditor actions against you as soon as your case is filed. However, the automatic stay is not permanent.

Generally, the automated stay expires when one of the following three events occurs:

Whenever your case is closed, your case is dismissed, or your discharge is granted or denied.

In the form of the discharge injunction, the automatic stay becomes permanent if the bankruptcy discharge is granted and the case is closed. If the case is dismissed or the discharge is denied, creditors may pursue legal action. However, the automatic stay may expire early if you filed a case within the previous year. For instance:

If you have previously filed a Chapter 7, 11, or 13 case that was dismissed within the previous year, the stay regarding any action taken regarding a debt or property securing such debt or regarding a lease expires 30 days after the filing of the later case, unless the court orders otherwise.

If you have filed more than one dismissed Chapter 7, 11, or 13 case within the past year, the automatic stay does not apply unless the court orders otherwise.

In certain instances, your creditors can also ask the bankruptcy court to lift the stay so that they can take action against you or your property. There are specific conditions regulating their ability to do so, and the court will require specific evidence prior to lifting the stay.

When you fall behind on your payments, a mortgage or auto lender will typically file a motion for relief from stay (also known as a motion for relief from stay). They will want to have the stay lifted so they can initiate or continue foreclosure proceedings or promptly reclaim the property.

Motions for relief from stay are also occasionally filed when you are sued prior to filing your case, as well as in other limited circumstances. Credit card companies and other unsecured creditors typically do not file a petition for relief from stay because there is nothing to gain; in a Chapter 7 case, your debt will be discharged within a few months regardless.

Even if the automatic stay is lifted, your bankruptcy case will not necessarily fail. The discharge injunction will effectively reinstate the prohibition against taking action against you.""

" - https://www.affordablecebu.com/

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"How long does the automatic stay last in a Chapter 7 bankruptcy?" was written by Mary under the Finance / Wealth category. It has been read 145 times and generated 0 comments. The article was created on and updated on 02 June 2023.
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