One of the benefits of filing for bankruptcy is known as the automatic stay. The automatic stay puts a moratorium on your creditors in their debt collection efforts and it’s a feature of both Chapter 7 and Chapter 13 bankruptcy proceedings. However, in some cases, the automatic stay won’t stop your creditors from taking legal action against you. Here are a few examples of these situations:
If you had a bankruptcy case dismissed inside the last year: If your previous bankruptcy was dismissed within the last 365 days, you will have to go through a waiting period of 30 days before your new bankruptcy will activate the automatic stay.You’ve had two or more bankruptcy cases dismissed inside the past year: This would be the worst-case scenario in which your automatic stay won’t ever activate, and you won’t be able to receive this benefit.
If one of the situations above applies to you, it’s not the end of the world. You may be able to successfully file a motion to request the automatic stay from the bankruptcy court. This would serve to stop your foreclosure from proceeding. However, it may not be easy to succeed in such a request, as you’ll need to prove via “clear and convincing evidence” that you didn’t file any of your previous bankruptcies in bad faith.
Are you worried about whether you will qualify for an automatic stay to prevent your foreclosure process after filing for bankruptcy? If you fully evaluate the law as it applies to your situation, you will be able to determine whether exemptions apply, and whether you will likely overcome those exemptions via an appeal.