Losing the Automatic Stay for Repeat Bankruptcy Filings

If you file for bankruptcy more than once in a year, the automatic stay lasts only 30 days or in some cases doesn't kick in at all.

Bankruptcy's automatic stay puts a stop to most collection activities. (To learn about the automatic stay and its reach, see the articles in our Bankruptcy's Automatic Stay area.) However, you can lose the protection of the automatic stay if you have filed for bankruptcy in the previous year. Here are the details.

Prior Bankruptcy Cases in the Previous Year: Limited or No Stay

The automatic stay will last only 30 days if you had a prior bankruptcy case pending within the year before you file (unless you can get the court to extend it). (11 U.S.C. § §â

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