automatic stay question

[amjo30]

Does anyone know if any motions have to be filed to extend the automatic stay if 30 days has past? April 20th will be the 30th day for me. My 341 meeting is the 23rd. thanks for your help.

[StartingOver08]

Have you filed BK before? The 30 day automatic stay applies if you have filed BK before.

[AngelinaCatHub]

http://www.moranlaw.net/stay.htm This is a simple write up of the stay. Otherwise your stay is until you are settled with your "program" (I forget the term) to pay your creditors on a plan. 'Hub

[amjo30]

I filed a chapter 7 in 2003 and it was discharged. So, should I still be protected under the automatic stay for the chapter 13 plan eventhough 30 days will have passed?

[AngelinaCatHub]

I filed a chapter 7 in 2003 and it was discharged. So, should I still be protected under the automatic stay for the chapter 13 plan eventhough 30 days will have passed?

You were discharged. You were not dismissed. I would think so. However, since you had your new start just several years ago, what has brought you to this? Not judgmental, but candid. 'Hub

[lrprn]

I filed a chapter 7 in 2003 and it was discharged. So, should I still be protected under the automatic stay for the chapter 13 plan eventhough 30 days will have passed?

Assuming that your Ch 7 from 2003 was dismissed [edit - should read discharged] and closed, then the only debt that has to be added into your Ch 13 are the unsecured debts that you accrued since your filing day back in 2003 and any secured assets that you kept after your Ch 7. Since you are filing a 13 this time, you can catch up on any late payments for your secured assets that you want to keep - one of the big advantages of a 13 over a 7.

[AngelinaCatHub]

Assuming that your Ch 7 from 2003 was dismissed and closed, then the only debt that has to be added into your Ch 13 are the unsecured debts that you accrued since your filing day back in 2003 and any secured assets that you kept after your Ch 7. Since you are filing a 13 this time, you can catch up on any late payments for your secured assets that you want to keep - one of the big advantages of a 13 over a 7.

Errr, you meant discharged? Yes, I get them mixed up too.

[lrprn]

Errr, you meant discharged? Yes, I get them mixed up too.

Yes, discharged and closed is what I meant. Thanks for catching that, Hub. HIgh five to you!