Fremont Bankruptcy: Automatic Stay in Second or Third BK

If you have attempted to file for either a Chapter 7 or Chapter 13 bankruptcy and have failed in the last year, the court will automatically assume that your second attempt of bankruptcy is in bad faith.  The court will limit the application of automatic stay to 30 days when you file for bankruptcy for the second time.  In order to get an extension on the automatic stay, you can try to prove to the court that you have filed for bankruptcy in “good faith.”

If your past bankruptcy failed due to failure to provide required documents without an excuse, the court could assume that your present bankruptcy is in bad faith.  This also applies if your financial situation has not changed enough since the last bankruptcy filing to allow a financial discharge or completion of a bankruptcy plan

But the courts will not limit your automatic stay to 30 days if after failing the Chapter 7 means test you filed for a Chapter 13 bankruptcy.

If you filed two or more bankruptcy within the last one year, the courts will not grant you automatic stay at all if you file for bankruptcy again.  You will have to prove to the courts that your new bankruptcy is in good faith and make an application with the court in order for you to benefit from an automatic stay. 

Therefore, it could be too like if you wait until the eve of a foreclosure sale.  Call Sagaria Law to schedule an appointment in Fremont for consultation to get you started on the road to a fresh start.

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)









Motivation Bills Assets Budget

What bills do you have? (select all that apply)








Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?


Do you own an automobile ?
If Yes , are you behind in these payments?


Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)






$
Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460