When determining how long the automatic stay will last, the first thing that needs to be determined is whether a prior bankruptcy case was dismissed in the year before the filing of the current bankruptcy.1. If no case was dismissed in the year prior, the stay lasts until the earliest of the following:
- The date in which an order of the court terminating the automatic stay
- The date the case is closed
- The date the case is dismissed
- The date a discharge is granted or denied
2. If at least one case was dismissed in the year prior, then you must look at how many. If one case was dismissed, then the automatic stay terminates after 30 days, unless it is extended by the court after a showing the case was filed in Good Faith.
If more than one case was dismissed in the year prior to filing, no automatic stay goes into effect until Debtor files a motion with the Court requesting the stay, and they are able to show the filing was in Good Faith.
I invite you to email me at Travis@RussellGR.com with any questions you may have regarding the automatic stay, or any other bankruptcy related matter. I would love to discuss what my office can do to help you achieve long term financial stability.
