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  1. #1
    Join Date
    Sep 2016
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    Default How Does the Stay Work if You Refile a Dismissed Bankrupty Case

    A debtor in California filed a pro se Chapter 13 bankruptcy case. The case was dismissed on a motion by the trustee due to a large number of errors in the schedules, failure to properly notify creditors, and other mistakes by the debtor. The debtor asked for a stay of the dismissal so that he could get a lawyer and correct the mistakes, but that petition was denied.

    The debtor is now refiling, but understands that the stay works differently after a bankruptcy has been dismissed. How does the stay work when they file a subsequent Chapter 13 case?

  2. #2
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    Default Re: How Does the Stay Work if You Refile a Dismissed Bankrupty Case

    If the debtor followed his own advice, as implied by the request for an adjournment to hire counsel, his attorney would be advising him about these issues -- and making sure that history didn't repeat itself. If that's too subtle a hint, the debtor should work with a bankruptcy lawyer.

    For a second bankruptcy filing there is a thirty day stay. The stay can be extended upon the motion of the bankrupt person, and extensions are ordinarily granted.

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