Automatic stays

[sadesade]

What is the name of your state (only U.S. law)? Maryland

If I filed a Chapter 13 bankruptcy case in August of 2005 & November 2006 and they were both dismissed, I would like to know that if I filed a Chapter 13 would my stay be valid?


I am aware that the new law states that the stay will last for 30 days if a bankruptcy case of the debtor was pending within the preceding year, but was dismissed. The stay will simply not come into existence at all if 2 or more cases were pending within the preceding year, but were dismissed.

I am asking because it has been 1 year and 10 months since my last filing.

[HomeGuru]

Originally Posted by sadesade

What is the name of your state (only U.S. law)? Maryland

If I filed a Chapter 13 bankruptcy case in August of 2005 & November 2006 and they were both dismissed, I would like to know that if I filed a Chapter 13 would my stay be valid?


I am aware that the new law states that the stay will last for 30 days if a bankruptcy case of the debtor was pending within the preceding year, but was dismissed. The stay will simply not come into existence at all if 2 or more cases were pending within the preceding year, but were dismissed.

I am asking because it has been 1 year and 10 months since my last filing.

**A: what is going on with you playing the BK game each year?

[Gregeney]

The dates of filing don't matter so much with respect to this part of the code. The dates of dismissal and the reasons for dismissal matter.