Legal Question in Bankruptcy in California

Can you please tell me, in a Ch 13 case by Debtor pro se, if all the schedules were filed, but it gets dismissed due to the Trustee's listing of too many procedural errors ( i.e. not noticing the other party about the upcoming Confirmation Hearing, and having too many contradictions on the forms, and the main objction that the Ch 13 Plan is not feasible) ... and you had just filed a request for continuance in order to obtain an attorney, but that request was denied..... my question is: IF your first case gets dismissed..... and you refile, WILL there be NO PROTECTIVE STAY on the 2nd filing, or will there be a 30 day stay that expires?? How can i know this for sure, in CA< or could the local courts handle it differently than others?


Asked on 1/26/17, 4:48 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

For a second filing, there is a 30 stay. You can file a motion to extend the stay, which will usually be approved. I have done this for many of my multiple filer clients.

Is there a reason you haven't hired a bankruptcy attorney to assist you? Most pro se filers have their bankruptcies dismissed.

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Answered on 1/26/17, 11:19 am


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