HOW to get an extension of the AUTOMATIC STAY?

[reener]

I am having to refile a chapter 13 due to loss of job and unable to make plan payments

But with the new law, the automatic stay EXPIRES in 30 days and you have to file a motion to extend the stay, evidently within 7 days of filing for the petition.

does anyone know where to get a format for this???

Also, does the date you paperwork print out and the date you file have to be the same. I am having a bankruptcy petititon preparation firm do it for me and I don't want to wait too long to have them print out the papers but I don't need to actually
file the petiiton until October 1.

HELP?

[klux]

I thought the automatic stay stayed in effect throughout the entire bankruptcy, unless then file a motion to have it lifted at it's approved.

[lrprn]

But with the new law, the automatic stay EXPIRES in 30 days and you have to file a motion to extend the stay, evidently within 7 days of filing for the petition.

Yes, you're right - there's a 30 day limit on the automatic stay when refiling a dismissed Ch 13.

I'm sure you've already heard this, reener, but doing a Ch 13 without an experienced lawyer at your side is very, very risky. Ch 13 is complex and riddled with black holes and recent case law changes that a bk petition firm (especially one not in your area) may not know about. Now that we've gotten that out of the way.....

Since almost no one files Ch 13 without a lawyer, chances are you aren't going to get much help here. All of our active Ch 13 members filed with lawyers.

I did check several online bankruptcy form sites, including the DOJ's at http://www.usdoj.gov/ust/eo/bapcpa/d...x.htm#uscourts - no luck.

It may not be a form you need - perhaps you have to petition the court??? If your court is pro se filer friendly, you can check with the bk court clerk - they might be willing to guide you in the right direction.

[lrprn]

I thought the automatic stay stayed in effect throughout the entire bankruptcy, unless then file a motion to have it lifted at it's approved.

Klux, Reener is in a special situation. His/her first Ch 13 was dismissed when he/she couldn't make the payments. This is a refiled case - in that special situation, the current bk law limits the automatic stay to 30 days unless the court is petitioned to extend it.

[reener]

Understood about the attorney but the fees were too much for me

I understand that it is complicated but I hate to say this, I have been able to find a semi format for the motion and aI read a lot of quotes of law index of cases relating to this exact new hurdle with the bankruptcy law.

Basically, it is up to the debtor to prove that they are not just filing without intention of not completing the plan since they had filed another one before and did not meet the requirements.'

It seems that most courts are lenient IF you can prove that you had extenuating circumstances which prevented you from completing the first plan which was dismissed and that you personal and/or financial situation has changed significantly enough for you to have a reasonable expectation to complete the plan successfully this time.

It is a motion and it has to be filed within 30 days of filing the petition and it has to be HEARD within 30 days of filing the petition unless something goes really wrong.

There was a nightmare situation where a pro se filer (yep) didn't file the motion until the 27th day and then the hearing couldn't be held in time and they dismissed her motion.

I am trying to file mine with the petition, which is what is recommended just was searching frantically for a correct format to submit.

thanx for your input

Yes, you're right - there's a 30 day limit on the automatic stay when refiling a dismissed Ch 13.

I'm sure you've already heard this, reener, but doing a Ch 13 without an experienced lawyer at your side is very, very risky. Ch 13 is complex and riddled with black holes and recent case law changes that a bk petition firm (especially one not in your area) may not know about. Now that we've gotten that out of the way.....

Since almost no one files Ch 13 without a lawyer, chances are you aren't going to get much help here. All of our active Ch 13 members filed with lawyers.

I did check several online bankruptcy form sites, including the DOJ's at http://www.usdoj.gov/ust/eo/bapcpa/d...x.htm#uscourts - no luck.

It may not be a form you need - perhaps you have to petition the court??? If your court is pro se filer friendly, you can check with the bk court clerk - they might be willing to guide you in the right direction.

[lrprn]

I understand that it is complicated but I hate to say this, I have been able to find a semi format for the motion and aI read a lot of quotes of law index of cases relating to this exact new hurdle with the bankruptcy law.

Great to hear that you are doing your very best to understand the Ch 13 complexities. Hope everything works out for you this time and you'll hang out here in the forum with us Ch 13 long-timers....one more is always welcome!

[coma]

Can you look on PACER for a sample in your area?

[reener]

Looking on PACER would have been good but I was able to look on internet

There was a very nice lawyer who has a posting about the extensions of automatic stay;


his name is Brett Weiss and he puts out a very brief sample of this motion and similar one. There is one for if you had one case, and one if you filed more than once in preceding years (multiple filer)

I don't know how to even discuss the ridiculous notion the credit industry has that a multiple filer should not have benefit of the stay.

How they wrote the new bankruptcy law, it makes it harder to get and keep the automatic stay if you have filed more than once and honestly, besides people drowning in credit debt, if you lose your job or substantial income, you file so you don't get your house foreclosed on or car repossessed so you can continue to live. The automatic stay is what you are filing for!

Listen, I know the bankruptcy laws can be abused and are, but the average joe that has an unplanned expense of over a 1000, loss of income and/or medical setback cannot recover right away without help from some quarter.

Anyway, if you read the case law, most courts are moving toward granting this motion as a matter of course as long as you follow the protocol: file motion, explain circumstances, get plan confirmed, etc.

They are not buying into punishment of the debtor because he failed to complete the first plan IF there is sufficient evidence that he had circumstances arise and he is still trying!

FILED TODAY! Have my motion all ready. After I complete my plan, I will submit together, yeah!

Relief...

no more tears for awhile.

[lrprn]

FILED TODAY! Have my motion all ready. After I complete my plan, I will submit together, yeah!

Relief... no more tears for awhile.

Way to go, Reener! You found the information you needed and now are moving forward! Congrats on filing! Keep us posted on how your extend the stay motion goes, ok?

[rene12]

There was a very nice lawyer who has a posting about the extensions of automatic stay;


his name is Brett Weiss and he puts out a very brief sample of this motion and similar one. There is one for if you had one case, and one if you filed more than once in preceding years (multiple filer)

I don't know how to even discuss the ridiculous notion the credit industry has that a multiple filer should not have benefit of the stay.

How they wrote the new bankruptcy law, it makes it harder to get and keep the automatic stay if you have filed more than once and honestly, besides people drowning in credit debt, if you lose your job or substantial income, you file so you don't get your house foreclosed on or car repossessed so you can continue to live. The automatic stay is what you are filing for!

Listen, I know the bankruptcy laws can be abused and are, but the average joe that has an unplanned expense of over a 1000, loss of income and/or medical setback cannot recover right away without help from some quarter.

Anyway, if you read the case law, most courts are moving toward granting this motion as a matter of course as long as you follow the protocol: file motion, explain circumstances, get plan confirmed, etc.

They are not buying into punishment of the debtor because he failed to complete the first plan IF there is sufficient evidence that he had circumstances arise and he is still trying!

FILED TODAY! Have my motion all ready. After I complete my plan, I will submit together, yeah!

Relief...

no more tears for awhile.

can you give me a ink to this expain pease

[hughthehand]

I didn't file with an attorney. I filed pro se. It wasn't easy learning all the protocols and rules. The only problems I have had is dealing with the jackassed trustee. He seems to have done everything he can to set me up for failure. I'm still here.