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Are you protected by stay until close or discharge?

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    Are you protected by stay until close or discharge?

    I have a question.

    Are you protected under the BK stay until your case is closed or until discharge?

    So, hypthetically if you are discharged but not closed, is the stay still in effect?

    Thanks!

    #2
    No, the stay is good until discharged.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Thanks.

      That is what I thought.

      My cousin filed and she is getting close to having a utility shut off, but she is discharged and still not closed after 5 months past discharge, so thought there might be a chance she could wave the BK flag and hold them off for a few days unitl she gets paid from EDD. She was layed off after filing and waiting on unemployment to kick in and send a check.

      I was fairly certain it was until discharge, but wanted to make sure.

      Thanks again!
      DD

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        #4
        No only that, but is she talking about pre-petition debt or POST-petition debt?

        The stay is only good for pre-petition debt (I know you know this ding-dong!!)
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment

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