For numerous reasons, an individual or married couple might not be able to complete their Chapter 13 Bankruptcy. When payments are not made on a regular monthly basis, one’s case can be dismissed. The failure to make payments is often not the fault of debtors, and can stem from a loss of income or health related issues.
Unfortunate circumstances can befall good people who were otherwise doing well in their Bankruptcy cases. To avoid the sale of one’s home at foreclosure sale, or for any number of other reasons, a second or third Bankruptcy filing may be required. However, it is important to understand that the laws pertaining to the Automatic Stay (The Bankruptcy Protection) can change with subsequent filings. Do not be discouraged, and call one of the Attorneys at the Law Offices of Sadek & Cooper for a free consultation to review your options.
Our Attorneys will make a careful review of the docket of your prior case in order to determine how your rights will be affected in a subsequent Bankruptcy filing. For instance, if a second Bankruptcy filing is made within one year of the dismissal of a prior filing, then the Automatic Stay will expire after 30 days. See 11 U.S.C. §362(c)(3). With the skilled help from one of our Attorneys, the Automatic Stay can be extended for the duration of your case after the filing of a Motion with the Bankruptcy Court to Extend the Automatic Stay.
Additionally, if a third Bankruptcy is filed and pending within the same year as two prior cases, then there will not be an Automatic Stay upon filing. However, carefully drafted motions by one of our Attorneys, offer our Clients the best chance to have the Court issue an Order Imposing the Automatic Stay in situations such as this.
Even if you have filed Bankruptcy in the past, you may be able to re-file Bankruptcy when done in good faith. Allow one of our legal professionals to guide you through the process, and clearly explain your options.