How long does the stay on my house last after I file for bankruptcy? 9 Answers as of December 04, 2010

I am currently filing for bankruptcy, and my home is currently being protected by a stay. I do not want to lose my home, but I am not sure how long it will be before I can start paying the mortgage again. Will the stay be in place until the bankruptcy is discharged or do I have longer?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
The stay remains until the earlier of dismissal of the case, entry of an order of discharge or the creditor receives relief from stay.
Answer Applies to: South Dakota
Replied: 12/4/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Essentially the stay is in effect until your case is closed, which occurs shortly after the discharge is granted in most no-asset Chapter 7 cases. You don't indicate what chapter you filed or any other information so it's hard to guess.

The stay also ends if the court grants a motion to lift the stay, which your mortgage creditor can file at any time.
Answer Applies to: California
Replied: 12/3/2010
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
It depends on whether you're filing a Chapter 7 or a Chapter 13 bankruptcy. You should discuss this with the attorney who is representing you in your bankruptcy. There are a number of other issues you should be aware of.
Answer Applies to: Illinois
Replied: 12/3/2010
Steven D. Keist, Attorney at Law
Steven D. Keist, Attorney at Law | Steven D. Keist
It depends on the type of Bankruptcy and whether the lender is aggressive or not. The stay remains until discharge unless the lender moves to lift the stay earlier, which they often do. In that case you may only have a couple of months during which the stay is in effect. However, Chapter 13 can help keep the stay in effect for a long period of time
Answer Applies to: Arizona
Replied: 12/3/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
The length of the stay depends on many factors, including the Chapter of bankruptcy that you file, how long your case remains open, whether or not the lender files a Motion for Relief from Stay in your bankruptcy case, and whether or not said Motion is granted. It is important that you get expert legal advice that is specific to the facts of your situation.

Motions for relief from stay that are heard on regular notice require 21 days notice. Emergency Motions may be heard on shortened notice. If the Motion is granted, the stay ends when the Order is entered.

A typical Chapter 7 case last 4 months from filing until discharge. Once you receive your discharge, any stay is over. This is true even if no Motion for Relief from Stay was ever filed.

All Chapters of bankruptcy require that you make post petition payments on your mortgage - something that you say you are unable to do now. Failure to make post petition mortgage payments is a ground for granting a Motion for Relief from Stay. In a Chapter 7 case (unlike a Chapter 11 or Chapter 13 case), the debtor is not given the ability to catch up on back mortgage payments over time. Accordingly, it is likely that relief from stay will be granted if it is properly sought in a typical Chapter 7 case in which the debtor is behind on his mortgage payments.
Answer Applies to: California
Replied: 12/2/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you file a chapter 7, the creditor can file for relief of stay. The creditor can get relief of stay in about one month after you filed.
    Answer Applies to: California
    Replied: 12/2/2010
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    The automatic stay lasts till the end of the bankruptcy unless a judge lifts it. The bank will file papers sometimes the day after you file a bankruptcy to lift the automatic stay. The judge almost always grants those motions.
    Answer Applies to: New York
    Replied: 12/2/2010
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    As long as your bankruptcy case is active, the Automatic Stay is in place.
    Answer Applies to: California
    Replied: 12/2/2010
Click to View More Answers: