Filing for bankruptcy – any kind of bankruptcy whatsoever- immediately triggers an injunction against the continuance of any action by any creditor against the you or your property; this is called the automatic stay, and it is a critical element of your bankruptcy case. If you file for Chapter 13 bankruptcy, that injunction extends to anyone else who is obligated to repay your debts.
The automatic stay gives you protection from your creditors during the bankruptcy case. In order for a creditor to continue to take action against you, that creditor must obtain court approval first.
There are, however, limits on how long the automatic stay lasts. For example:
- If you had a prior bankruptcy case pending in the last year which was dismissed then the automatic stay lasts for only the first thirty (30) days after your case is filed unless you or your lawyer gets a court order extending the automatic stay;
- If you had two or more prior bankruptcy cases pending in the last year which was dismissed then the automatic stay does not take effect at all unless you or your lawyer gets a court order extending the automatic stay.
I'm a consumer protection lawyer who helps people with their bill problems. The solutions I offer depend on your individual situation rather than being "one size fits all." In trouble? It's time we talked.
I’ve been practicing bankruptcy law in New York for over 30 years. I will recommend bankruptcy only if it's right for you - not just because it happens to be the field of law in which I practice.
My professional background includes bankruptcy real estate and mortgage issues. My job is to help you get the solution that works best for you. This is more than your finances; it's your life and your future. 


[...] January 13, 2010 by Jay Fleischman, Esq. in Uncategorized0 Comments – Leave a comment! We now know what the automatic stay does, and what it covers. But if you review the list of what is covered by the automatic stay, [...]