Serial Filer Stay Restrictions
If you have had a prior bankruptcy case dismissed within the past year, the automatic stay in your new case is limited:
| Situation | Automatic Stay Duration | How to Extend |
|---|---|---|
| One prior case dismissed within 1 year | 30 days | File motion within 30 days showing new case filed in good faith |
| Two or more cases dismissed within 1 year | No stay at all | File motion showing good faith -- burden is on debtor |
These restrictions come from Section 362(c)(3) and (c)(4), added by BAPCPA in 2005 to prevent abuse through serial filings.
How to Get the Stay Extended or Imposed
- File a motion early: If you had a prior dismissal, file a motion to extend the stay (or impose it) within 30 days of filing your new case
- Show good faith: Demonstrate that the new case is filed in good faith -- changed circumstances, ability to complete the case, and the prior dismissal was not for abuse
- Common good faith factors: New employment, resolved the issue that caused prior dismissal, completion of credit counseling, change in financial situation
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Discharge Screener · Research Platform · Exemptions by State · Keep Your Car · Keep Your House · Bankruptcy Cost · File Without a Lawyer · Rebuild Credit · Buy a House After · Buy a Car After