UPDATE re: extending automatic stay for "multiple" filer
Just letting you guys know that I went to my hearing to "Extend the Automatic Stay" in my case whicb would of course allow me to keep my home and car, the only things of contention in my chapter 13.
I had previously filed bankruptcy and it was dismissed due to nonpayment of my plan payments on August 29.
On October 1, I filed another Chap 13.
Prior to filing, I learned, to my horror, that the rules have changed for a "multiple" filer under the new bankruptcy rules.
You are considered filing "in bad faith" if you file within a year after a dismissal, or twice within a certain period of time.
It is up to you, the debtor, to prove WHY you are not filing under bad faith and what you can do THIS time to complete the plan successfully.
You must prove a significant change in financial or personal situation that will allow you to complete plan that was not present during the plan(s) which were dismissed.
As you can imagine, I stayed up nights worrying about this after filing my petition. The only hint that I had initially that it may go alright for me was when I visited the attorney I consulted with, who just said they would file a motion and didn't go into any long explanations about it.
I also did the research online and got good indications from lawyer forums and reading bankruptcy newsletters that judges were usually seeing the SECOND TIME filer as someone who is trying to still participate in an adequate plan and giving leniency AS LONG AS:
the procedure is followed
no one strenously objects (such as mortgage creditor) with valid responses
filer only had minor problems in the previous dismissed plan, such as payments or job loss, etc.
AND, filer could explain why new plan could reasonably be assumed to be "doable" for the filer NOW!
My hearing went something like this:
"Are you so and so?
What happened in the plan? My answer I lost my job, got sick, and moved to another state.
Do you have a new job now? Yes
Does it pay enough to make the payments in THIS plan? Yes
Where do yo work? answered
Did you hear from any creditors about this request for extension of the stay? No sir
Well, I will grant the extension and good luck in this plan."
That was it, it took about 10 minutes.
I know you guys want to know this too. I am a pro se filer in Texas, no attorney, wrote my own motion.
I was about 5 pages explaining my situation.
ALSO NOTE, that you are a multiple filer (more than once in period) this is completely different procedure.
So now I am just waiting on creditors meeting in a couple of weeks.
YEA!
reene
I had previously filed bankruptcy and it was dismissed due to nonpayment of my plan payments on August 29.
On October 1, I filed another Chap 13.
Prior to filing, I learned, to my horror, that the rules have changed for a "multiple" filer under the new bankruptcy rules.
You are considered filing "in bad faith" if you file within a year after a dismissal, or twice within a certain period of time.
It is up to you, the debtor, to prove WHY you are not filing under bad faith and what you can do THIS time to complete the plan successfully.
You must prove a significant change in financial or personal situation that will allow you to complete plan that was not present during the plan(s) which were dismissed.
As you can imagine, I stayed up nights worrying about this after filing my petition. The only hint that I had initially that it may go alright for me was when I visited the attorney I consulted with, who just said they would file a motion and didn't go into any long explanations about it.
I also did the research online and got good indications from lawyer forums and reading bankruptcy newsletters that judges were usually seeing the SECOND TIME filer as someone who is trying to still participate in an adequate plan and giving leniency AS LONG AS:
the procedure is followed
no one strenously objects (such as mortgage creditor) with valid responses
filer only had minor problems in the previous dismissed plan, such as payments or job loss, etc.
AND, filer could explain why new plan could reasonably be assumed to be "doable" for the filer NOW!
My hearing went something like this:
"Are you so and so?
What happened in the plan? My answer I lost my job, got sick, and moved to another state.
Do you have a new job now? Yes
Does it pay enough to make the payments in THIS plan? Yes
Where do yo work? answered
Did you hear from any creditors about this request for extension of the stay? No sir
Well, I will grant the extension and good luck in this plan."
That was it, it took about 10 minutes.
I know you guys want to know this too. I am a pro se filer in Texas, no attorney, wrote my own motion.
I was about 5 pages explaining my situation.
ALSO NOTE, that you are a multiple filer (more than once in period) this is completely different procedure.
So now I am just waiting on creditors meeting in a couple of weeks.
YEA!
reene
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