Filing Multiple Bankruptcy Petitions

What is the Impact on the Automatic Stay


One of the most attractive features of the American bankruptcy laws is the automatic stay. Under this provision, once you file for protection, your creditors cannot harass you in any way in an attempt to collect payments on the debt. That includes phone calls, letters or legal action, other than through the bankruptcy court. As indicated in an earlier blog, you can file for protection more than once. However, you need to be careful, as there are situations where you can be denied the protection of the automatic stay on a second or subsequent bankruptcy filing.

The extent to which you can claim the protection of the automatic stay depends, at least in part, on how your prior bankruptcy was resolved. If that bankruptcy was dismissed because of bad faith or improper conduct on your part, you may not qualify for the automatic stay. Be aware that, in some situations, the mere fact that your prior bankruptcy was dismisses will imply bad faith, requiring that you come in and show good faith. Also, two dismissals in the previous 12 months are presumed to show bad faith and will preclude the application of the automatic stay, absent a showing of good faith.

Obviously, the best way to avoid a negative impact on the automatic stay is to avoid the dismissal of your bankruptcy petition. Be honest in all your dealings with your attorney and with the court. Don’t try to hide asset or income and don’t try to wrongfully transfer property immediately prior to your filing.

Contact Heath, TX Bankruptcy Attorney Carrie Weir

I provide a free initial consultation to anyone with questions or concerns regarding a bankruptcy filing. Contact my office by e-mail or call me at 972-772-3083 for a private meeting. With offices in Rockwall, Texas, I represent clients in Heath, Greenville, Lavon, Wylie, Mesquite and Rowlett.

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Call Rockwall bankruptcy lawyer Carrie Weir at 972-772-3083 or fill out the contact from below for a free, confidential consultation to discuss your options.

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