Kentucky Bankruptcy Law

Counsel with Care

My bankruptcy was dismissed, now what?

If you filed a prior bankruptcy, either Chapter 7 or Chapter 13, then there is no time limit on filing another bankruptcy with regard to receiving a discharge as I have been explaining the last several days. However, the problem this does create is with the automatic stay.

If the first bankruptcy was pending and dismissed during the year preceding the filing of the next bankruptcy, then the automatic stay of the bankruptcy terminates automatically on the thirtieth (30th) day after the subsequent case was filed. See 11 USC Sect. 362(c)(3). This is not the end of things, but it does require careful pre-filing planning after a case has been dismissed.

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May 29, 2013 - Posted by | Automatic Stay, Bankruptcy, Chapter 13, Chapter 7, Discharge | , , , , , , , ,

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