Is a court ordered stayin a previousbankruptcy filingenforceable, if that case is dismissed and a newbankruptcy isfiled?
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Is a court ordered stayin a previousbankruptcy filingenforceable, if that case is dismissed and a newbankruptcy isfiled?
I filed a bankruptcy (2:10-bk-22811) and incurred substantial medical bills afterward. A creditor filed a motion to leave and it was granted but I was given 21 days, rather than the regular 14. The Court new my intention was to immediately refile to include the new medical debt. I did so 3 days after the dismissal 10-33908-mkn. Since this is a car loan and they can repossess it under the first order. Is that order valid under the new filing or do I need to seek a stay on it? Isn’t the 30 day stay automatic even in a new filing?
Asked on December 28, 2010 under Bankruptcy Law, Nevada
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
I have no idea what a "motion to leave" is. What chapter did you file? I'm assuming it was a Chapter 13 case. If this prior Chapter 13 case was the only case you filed in the past year, then you are correct that the automatic stay will be in effect for 30 days after the new case is filed, but will terminate on the 31st day unless you obtain court approval to extend the stay before the 30th day.
Obtaining an extension of the stay is not that easy to get and the burden of proof will be on you to show that the new case is filed in good faith. (see 11 U.S.C. 362(c)(3)(C).
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
I have no idea what a "motion to leave" is. What chapter did you file? I'm assuming it was a Chapter 13 case. If this prior Chapter 13 case was the only case you filed in the past year, then you are correct that the automatic stay will be in effect for 30 days after the new case is filed, but will terminate on the 31st day unless you obtain court approval to extend the stay before the 30th day.
Obtaining an extension of the stay is not that easy to get and the burden of proof will be on you to show that the new case is filed in good faith. (see 11 U.S.C. 362(c)(3)(C).
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