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?
2 Answers from Attorneys
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.
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.
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