Automatic Stay Limited on Repeat Filings

If the same party has been a debtor (or joint debtor) in a prior bankruptcy case which was dismissed or withdrawn within the year before the new bankruptcy case is filed (other than a refiling under a different chapter), the automatic bankruptcy stay will terminate 30 days of the filing of the new case, unless:

1) motion is filed for an order extending the stay; 2) the request is filed with the bankruptcy court before the expiration of the 30 days, and 3) the court grants the motion and extends the stay within 30 days after case commencement. This motion requires a “good faith” showing. Sec. 363(c)(3)

If there have been two or more bankruptcy cases dismissed within the last year, no automatic stay goes into effect and no stay will go into effect unless the court affirmatively orders a stay as to some or all creditors. Sec 363(c)(4)