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Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I filed bankruptcy chapter 13 on Jan 12th, but failed to

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If I filed bankruptcy chapter 13 on Jan 12th, but failed to include schedules and it was dismissed and then file chapter 7 bankruptcy on April 1, 2012 and it was discharged in September 4, 2012. Can I file Chapter 13 bankruptcy again which never went through and get an automatic stay?

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

If a bankruptcy case is refiled after there has been one dismissal in the previous 12 months, then the automatic stay will only last for 30 days. If a bankruptcy case is refiled after there has been two or more dismissals in the previous 12 months, then no automatic stay will go into effect. See 11 USC § 362 (c) (3) (A) and (c) (4) (A).

In these refiling situations, it is necessary for the debtor to file a motion with the court to either extend or create an automatic stay in order to receive protection from creditors. If the debtor is unable to convince the court that the refiling is made in good faith, then the extension or creation of an automatic stay may not be granted.

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Customer: replied 4 years ago.

Hi Kirk,


So if I filed chapter 13 on Jan 12, 2012 and it was dismissed which is over a year ago. Am I still on good for 30 days without permission to extend?


I am wondering if the filing for chapter 7 which went through coutns against me for an automatic stay. In other words does the court count by the number of bankruptcies collectively or do they count per chapter.... In other words, since I filed chapter 13 a little over a year ago, I am good for automatic stay even though I had an interim chapter 7?


Thank you,


You should have 30 days automatic stay protection, and you can file a motion with the court to extend the automatic stay by proving good cause to do so.

The Chapter 7 would could against you in terms of the stay.