Legal Question in Bankruptcy in California

Chapter 7 Bankruptcy Automatic Stay

If my bankruptcy is closed without discharge, is the automatic stay still in effect unitl I get the case discharged?


Asked on 5/29/09, 12:37 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Chapter 7 Bankruptcy Automatic Stay

No. The automatic stay expired when your case was closed. If you want a discharge, you will need to file a motion to reopen the case and fix the error(s) that caused your case to be closed. If you don't have an attorney, get one.

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Answered on 5/29/09, 12:50 pm
David Gibbs The Gibbs Law Firm, APC

Re: Chapter 7 Bankruptcy Automatic Stay

I must concur with Attorney Starrett - you are no longer under the protection of the automatic stay, and you need to go back and find out why the case was closed without a discharge. Did you fail to file your Debtor Education Completion Certificate and Declaration of same? You will need an attorney to reopen your case.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/29/09, 6:39 pm


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