The Automatic Stay Can Be Limited in Bankruptcy Cases

Section 362(c)(3) talks about the automatic stay related to bankruptcy filings.  In general, if the debtor had a prior case dismissed within the last year, the automatic stay will only last for 30 days after filing, unless extended by order of court.  Thus, if the debtor had a prior bankruptcy case that was dismissed within the past year, we will bring a motion to extend the stay and have it set before the court prior to the expiration of thirty days from filing the instant case.  We must show that the current case was filed in good faith.  Motions to extend the automatic stay are often unopposed and routinely granted.