As-Baltimore-Bankruptcy-Attorneys-We-Routinely-See74

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As-Baltimore-Bankruptcy-Attorneys-We-Routinely-See74

  1. 1. As Baltimore Bankruptcy attorneys we routinelysee individuals who have been compelled to file more than one bankruptcy case in a relative short amount of time especially in light of this recession. Just recently I sat in the BaltimoreBankruptcy Court while an elderly couple trying to save their home from foreclosure had their case dismissed due to multiple filings that did not meet the legal standards. The wife startedcrying right in the courtroom and the judge, who was moved by their plight but constrained by the law, immediately took a recess after that case.Bankruptcy Information
  2. 2. Therefore, it is paramount that if you have a prior bankruptcy casethat you thoroughly understand the implications of filing a new caseFirst, one of the most useful tools in bankruptcy is known as theAutomatic Stay The Automatic Stay prevents creditors from takingaction against the debtor upon the filing the case
  3. 3. This is the mechanism used to stop a foreclosure sale on its dime orstop a wage garnishment But, with multiple cases the automaticstay is not the same If a case is filed within a year of a previouscase that resulted in dismissal, the automatic stay does not last aslong
  4. 4. The law states that if a previous case was dismissed within a year ofthe new case then the automatic stay lasts only thirty (30) daysunless the Court extends the stay upon a showing that the case wasfiled in good faith ( to be discussed in another posting) See U S
  5. 5. C §362(c) (3) Furthermore, if an individual has had two casesor more dismissed within the year before the new petition is filied thelaw provides that the automatic stay will not apply with one exception
  6. 6. See U Bankruptcy Information S C
  7. 7. §362(c) (4) The law excludes cases refilled under the presumptionof abuse section Therefore, this means that the filing does notautomatically stop a foreclosure or other actions by creditors
  8. 8. This is critical to remember because as Baltimore Bankruptcyattorneys we have seem several individuals who have relied on theinternet and other questionable sources to prepare and submitmultiple bankruptcy petitions over a short period of time Oneexample involved a Maryland resident getting advice from aso-called foreclosure prevention specialist all the way in Californiaand filing bankruptcy cases using totally incorrect information Thisindividual wasted a lot of money and time doing this and may end uplosing his home
  9. 9. Therefore, if you are contemplating filing a new case within ayear of the filing of your previous case plan to address the automaticstay issue right away As Maryland bankruptcy attorneys we knowthis is the case especially if you are filing to stop a foreclosurebecause if the automatic stay expires after thirty days the lender canforeclose without seeking the bankruptcy court’s permissionIf you need bankruptcy assistance contacts a knowledgeablebankruptcy attorney today
  10. 10. is particularly proud of work with those facing financial difficultas a result of the recession Our work with clients who may befacing foreclosure, wage garnishment and those who are in creditcard debt and need help repairing their credit
  11. 11. Bankruptcy Information

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