San Jose Bankruptcy: Automatic Stay in Second or Third BK

If you unsuccessfully filed for either a Chapter 7 or Chapter 13 bankruptcy  in San Jose within the past year, the courts automatically assume that your second bankruptcy is in bad faith. The courts will then limit the application of the automatic stay to 30 days when you file for bankruptcy again. You can try to extend the automatic stay by proving to the court that you have filed in "good faith."

If your previous bankruptcy was dismissed for failure to provide required documents without an excuse, the courts could say that your new bankruptcy is in bad faith. This is also true if your financial situation has not changed enough to allow a financial discharge or completion of a bankruptcy plan.
Note that the courts will not limit your automatic stay to 30 days if you were forced into filing a Chapter 13 bankruptcy after failing the Chapter 7 means test.
 
If you have had two or more bankruptcy cases within the last one year and you file for bankruptcy again, the courts will not grant you an automatic stay at all. In order for you to benefit from an automatic stay, you will have to prove to the courts that your new bankruptcy is in good faith and must make an application with the court to impose the stay on your creditors. Thus, if you wait until the eve of a foreclosure sale, it could be too late.

Contact Sagaria Law to schedule an appointment in San Jose for consultation to get you started on the road to a fresh start.
 
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