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What does an automatic stay mean in a chapter 13?

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2006-02-25 16:39:05
2006-02-25 16:39:05

Automatic stay means that your creditors must stop all collection proceedings against you for the time being. The creditors should then file a proof of claim with the court so that they basically get in line when the funds are dispersed. Some creditors will file motions for relief in which they are asking that they be able to proceed with collecting on their debt. Sometimes it's granted, sometimes the creditor comes in with a compromise to allow the debtor time to repay in a structured way before they repossess the item in question.

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Then the secured creditor would most likely foreclose on the property.

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Not by one of the creditors. You have an Automatic Stay, which means that they cannot attempt to collect a debt outside the bankruptcy plan.

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NO, if the creditor gets a relief from the automatic stay, the lender can foreclose, even if you are under BK.

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The same thing that happens when a Chapter 13 is dismissed in any other state. It is as if the bankruptcy was never filed. The automatic stay is lifted and the trustee returns any money left on hand to you.

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You are leaving out important information: when was the chapter 13 ended and why did it end? If the chapter 13 has not been closed or dismissed, the mortgage should not be in foreclosure unless you missed several post-petition payments and the mortgagee got relief from the automatic stay. You cannot have two bankruptcy filings open at the same time. If the chapter 13 was ended pursuant to a section of the bankruptcy code, you may be able to refile, but you may not have the benefit of the automatic stay. Consult a local bankruptcy lawyer.

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You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)

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YES, its called an AUTOMATIC STAY. ALL collection efforts must stop as soon as they are notified of your filing.

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PROBABLY if one is in a Chapter 13 and the stay is lifted, that debtor can convert to Chapter 7 and then re-file another Chapter 13 after the Chapter 7 discharge and reinstate the stay against the creditor who had the stay lifted in the prior Chapter 13. I say "probably" rather than "yes" for a few reasons: (1) Because the creditor could object to the new Chapter 13 and argue that the debtor is abusing the Bankruptcy Code, an argument the Court may or may not be swayed by; (2) If a debtor voluntarily dismisses a Chapter 13 once a Motion for Relief from Stay has been filed in the Chapter 13 case, that debtor is automatically barred from re-filing another Chapter 13 for 180 days (see 11 U.S.C. 109(g)(2)). So, the creditor may argue that conversion to Chapter 7 is akin to voluntary dismissal and so the debtor should be barred from filing another Chapter 13 for 180 days (I have no idea if such an argument would work for the creditor); and (3) Different districts may have different case law affecting the answer to this question, so it's probably best to consult a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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Generally the answer would be no with some very limited exceptions. While you are in a Chapter 13, the automatic stay prohibits nearly every type of debt collection activity. If a creditor takes action against you in violation of the stay, your attorney can file a motion for fines and penalties against the creditor.

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Nothing. In a chapter 13, there is a co-debtor automatic stay, but other than that, nothing.

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The creditor is bound by the terms of the Chapter 13 plan. If the creditor doesn't file a proof of claim, then they don't get anything. If they are demanding money, the creditor could be in violation of the automatic stay and you can bring a motion for sanctions.

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No, if automatic withdrawal has been implemented by the BK court trustee they will continue until the chapter 13 is discharged or dismissed.

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It does not matter what state you filed your Chapter 13 Bankruptcy, as it was done in Federal Court, and these types of events stay on your credit for 10 years.

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If you mean, can they be included in a chapter 13, the answer is, they must be. If you mean, can you file a chapter 13 because of garnishments and secured loan payment arrears, yes, that's what chapter 13 is for.

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You don't "file a chapter 13 on" anything. You have to list all your debts and all your assets, whether it's a 7 or a 13. And the automatic stay that goes into effect the moment you file prevents any reposession, unless the court allows a motion for relief from stay. You must make all car payments due after the date of filing, or they will be given permission to repo the car.

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If it is for a debt or claim that existed before you filed, it is in violation of the automatic stay. If it is for a claim that arose after filing, you should not be doing things to cause these claims, and it may wreck your c. 13 if you wind up having to pay it.

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A Chapter 13, whether it is dismissed or successfully receives discharge, is on your credit report for 7 years. A chapter 7 is on your credit report for 10 years. i called equifax and a discharged chapter 13 stays on for 7 years and a dismissed chapter 13 stays on for 10 years

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If the Court dismissed your Chapter 13 for failure to make the plan payments, it is as if you never filed for bankruptcy. However, there is one important exception. If you refile for bankruptcy within one year of the dismissal, the automatic stay will expire within 30 days unless you file a motion to extend the stay and prove to the satisfaction of the Court that the current filing is in good faith.

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The co-debtor stay is applicable in chapter 13.

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Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.

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A chapter 7 bankruptcy filing remains on your credit report for 10 years. Chapter 13 bankruptcy remains for seven years. Under chapter 13 bankruptcy you repay at least a portion of the debt, so it is removed a little sooner.

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If there are no issues of fraud, you are usually entitled to just one discharge in 10 years. You may be able to file a second chapter 13 soon after the first one has been closed, but you have to ask the court to extend the automatic stay more than 30 days after filing the second one.

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Under the changes to the bankruptcy law, a debtor can refile his Chapter 13 case. You will have to provide the judge a good reason to allow it, (which really means something like a change in your financial situation so you can now do what you didn't)...not that you now understand want it more than before. Some judges flex a bit on this, but it is very situational. If case #2 is filed within 12 months that case #1 was pending, then the automatic stay is not absolute. Instead, the automatic stay does go into effect, but it terminates in 30 days unless the debtor files a motion with the court and convinces the judge to extend the stay. If the judge does not extend the stay, then it would come to an end in 30 days and the creditors/mortgage company would be free to re-start foreclosure/collection proceedings.


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