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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31683
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband and I filed the initial papers for bankruptcy but

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My husband and I filed the initial papers for bankruptcy but later changed our minds and didn't follow through on the final stage. We have since decided that we do want to file bankruptcy. How will this affect the automatic stay process? We have never filed bankruptcy. According to one of your attorneys, we can refile but it could affect the automatic stay process. If re-filing will not give us the same benefits we would have received when we first filed then it would be fruitless to refile. Will we get an automatic stay on any debts, judgments, etc. originally allowed by the bankruptcy court. Please be thorough with your response. Thanks

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.
Kirk Adams : I've got a question for you - - was the bankruptcy dismissed by the court?

Yes because we didn't complete the process.

Kirk Adams : Ok. Just making sure. Thanks.

We were hoping the dismissal is as if we never filed the initial papers.

Kirk Adams : Under 11 USC § 362(c)(3) (automatic stay statute), if a Chapter 7, 11, or 13 case is filed within one year of an earlier dismissed case (other than a Chapter 11 or 13 case filed after a § 707(b) dismissal), the automatic stay in the second case terminates 30 days after the filing, unless a party in interest demonstrates that the second case was filed in good faith with respect to the creditor sought to be stayed.
Sylvia -

I had to switch to Q&A as my chat wouldn't load for some reason.


It is possible to request that the automatic stay be extended for the full term of the bankruptcy, but it's not automatic. Instead, you will have to file a motion with the court to extend the automatic stay - - which can be done with a showing of good faith.
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