How Long Does the Automatic Stay Last? - Total Bankruptcy
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How Long Does the Automatic Stay Last?

The automatic stay is one of the most important weapons in the personal bankruptcy arsenal. It's designed to stop collection lawsuits, prevent home foreclosure, or silence obnoxious creditors.

However, the automatic stay does not last forever. It usually ends when a bankruptcy case is closed, or when a filer’s debts are discharged. The positive effects of the stay, though, may last forever.

The length of the stay may also change due to your state's laws. For more information on how bankruptcy protections could help your financial situation, fill out the form below to connect with a local attorney for a free consultation.

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The Automatic Stay Lasts Until the End of Bankruptcy

When determining how long the automatic stay lasts, factors that must be considered include the type of bankruptcy being filed, the nature of the debts, and the aggressiveness of the creditors.

Events that might lead to the end of an automatic stay include:

  • End of bankruptcy case. If the case is closed or dismissed, the automatic stay no longer remains in effect.
  • Discharge is granted. When filers' debts are discharged, the automatic stay ends. Discharge and dismissal are the two most common causes of the lifting of the automatic stay.
  • Creditor exceptions. In rare cases, a creditor may be able to request a specific exemption from the automatic stay. This requires a court order, and usually occurs in extreme circumstances.

Thus, though there are some exceptions, most automatic stays end when the bankruptcy case is closed.

How Long Does Bankruptcy Last?

If you know how long your bankruptcy will last, you'll have a better idea of the exact duration of your automatic stay. The length of bankruptcy depends on the type of bankruptcy you file:

  • Chapter 7. In Chapter 7 bankruptcy, the process usually takes a few months. Each case is different, but it is fairly uncommon for Chapter 7 cases to extend beyond a year.
  • Chapter 13. Chapter 13 bankruptcy, usually lasts between three and five years, depending on the terms of the filer's repayment plan. The protections of the automatic stay typically remain in effect for the entire duration of the case.

So, when considering how long the automatic stay will last in your case, you must consider the type of bankruptcy you are filing, as well.

To get more information about how long the automatic stay will last during your bankruptcy, connect with a local bankruptcy lawyer today. Simply fill out the quick case review form below to take action now.

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