Comments on: The Automatic Stay and Foreclosures http://www.chapmanbankruptcy.com/2010/02/11/the-automatic-stay-and-foreclosures/ Bankruptcy Lawyer & Attorney; West Palm Beach, Florida Wed, 17 Mar 2010 19:01:53 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Stem Client Roundup for February 2010 – Law Firm Web Strategy http://www.chapmanbankruptcy.com/2010/02/11/the-automatic-stay-and-foreclosures/comment-page-1/#comment-21 Stem Client Roundup for February 2010 – Law Firm Web Strategy Wed, 17 Mar 2010 19:01:53 +0000 http://www.chapmanbankruptcy.com/?p=141#comment-21 [...] West Palm Beach bankruptcy attorney Ron Chapman wrote about automatic stays and foreclosures in bankruptcy proceedings [...] [...] West Palm Beach bankruptcy attorney Ron Chapman wrote about automatic stays and foreclosures in bankruptcy proceedings [...]

]]> By: Jay S. Fleischman http://www.chapmanbankruptcy.com/2010/02/11/the-automatic-stay-and-foreclosures/comment-page-1/#comment-12 Jay S. Fleischman Thu, 18 Feb 2010 16:13:52 +0000 http://www.chapmanbankruptcy.com/?p=141#comment-12 Thanks for the terrific new blog, Ron! Though it's true that successive bankruptcy cases may lead to a limitation of the automatic stay, it's not a forgone conclusion that the stay will not exist. If you've filed a single case in the past year that was dismissed then the stay lasts for only 30 days. It may, however, be extended by order of the court. The lawyer needs to make a motion to extend the stay and prove that the successive filing is in good faith. If you've filed a 2 or more cases in the past year that was dismissed then the stay is not automatic, and must be imposed by order of the court. The lawyer needs to make a motion to invoke the stay and prove that the successive filing is in good faith. Thanks for the terrific new blog, Ron!

Though it’s true that successive bankruptcy cases may lead to a limitation of the automatic stay, it’s not a forgone conclusion that the stay will not exist.

If you’ve filed a single case in the past year that was dismissed then the stay lasts for only 30 days. It may, however, be extended by order of the court. The lawyer needs to make a motion to extend the stay and prove that the successive filing is in good faith.

If you’ve filed a 2 or more cases in the past year that was dismissed then the stay is not automatic, and must be imposed by order of the court. The lawyer needs to make a motion to invoke the stay and prove that the successive filing is in good faith.

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