The automatic stay is more a term of art. If a case has truly been dismissed and you can verify this online, then the automatic stay was also terminated at that time. Nothing needs to be filed or done on your part. Verify that it was dismissed though.
If bankruptcy has been dismissed it is possible to file again. The trustee will require an explanation of why the first case was dismissed before accepting a new bankruptcy case.
If you have come through a bankruptcy you have been through quite a bit. It is important to know that if your bankruptcy was dismissed, it may still be reinstated at a later date.
The bankruptcy trustee in charge of the case will notify the filer that the BK has been dismissed and the reasons for it having been done.
It is dismissed when the terms of the bankruptcy have not been met. Creditors are no longer barred from seeking repayment. A complete one is called confirmed, in a dismissal everything returns to the way it was before filing.
A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.
No, once a bankruptcy is dismissed it has to be refiled after the time limit has expired. The time limit to refile after a chapter 13 dismissal is two years.
Not unless the c. 11 has been dismissed or closed. You cannot have two bankruptcy proceedings pending at the same time. If the c. 11 was dismissed for cause, you may have to wait 180 days to file the c. 7.
Get an "official" copy of your bankruptcy documents indicating the date that the Bankruptcy was dismissed. Send the official copies to each of the credit bureaus that are reporting the information and request that they update their files accordingly and to forward to you an updated copy of your credit report. The key word here is "request". do not demand, threaten or utilize any form of aggression. just be simple, polite and to the pint with your request This should solve the problem. Both Experian and Transunion remove a dismissed Chapter 13 bankruptcy after 7 years. Equifax's policy is to keep it on the credit report for 10 years. Has anyone been able to successfully request Equifax to remove this item after 7 years? While it's true that the negative impact of a dismissed bankruptcy filing is diluted with age, any reference to "bankruptcy" still casts a dark shadow on a credit report no matter how long ago it was filed.
To get technical, a bankruptcy does not "dismiss" a judgment. However, the end result is the same- a bankruptcy will "discharge" the debtors responsibility to pay the judgment which makes unenforceable - uncollectible. It is against Federal law to try and collect funds that have been discharged in bankruptcy. Prior to the discharge in a bankruptcy, and IMMEDIATELY after the filing of your bankruptcy petition, an "automatic stay" by the court is put in place to freeze all collections actions against you. There are several exceptions which include certain taxes, student loans and fraud.
I'm assuming you are asking regarding a bankruptcy. An automatic stay is a utility of the court, that legally prevents contact with you from creditors after they have been notified of the bankruptcy proceedings. Once you file, the stay protects you and your proerty for as long as the stay exists. Once the BK is dismissed or discharged, the stay is lifted. While the stay is in effect, the vehicle cannot be involuntarily repossessed.
In very simple terms, discharged means the BK filing was found valid, and the bankruptcy has been granted. Dismissed means that there was/were (an) error(s) of some sort in the filing and the BK has been disallowed. .
Two years after the date of the chapter 13 dismissal.