Foreclosure And Bankruptcy Laws

Summary

The automatic stay under 11 U.S.C. § 362 is generally granted upon filing for bankruptcy. However, if two or more bankruptcies are filed within a year, the stay for the third filing is limited to 30 days unless extended by the court. The man’s Chapter 7 filing may have had a limited stay due to prior Chapter 13 filings. Key bankruptcy laws post-1970 include the 1978 Bankruptcy Reform Act, 1984 Bankruptcy Amendments, 1994 Bankruptcy Reform Act, 2005 BAPCPA, and 2019 Small Business Reorganization Act. Consulting a bankruptcy attorney in Florida is advisable for personalized advice.

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A man is facing a foreclosure case against a hard money lender in florida. He filed * bankruptcies within a year, a chapter * which was not brought before the foreclosure court, another chapter * which was brought before the foreclosure court, and a chapter * which was brought before the foreclosure court. when he filed the chapter *, the property was sold to the lender by the lender, never changing hands, without the filing of a relief of stay. the man has medical issues which can be recovered from and has signed an affidavit to that effect. He also has a provable ability to reclaim the property in terms of a coming large payout as well as by selling valuable assets but did not file the reclaim proceedings in time. The question is, based on * U.S.C. § * and section *(b), did the man have an automatic stay granted to his first chapter * filing after the two previous chapter * filings.
It sounds like a complex situation. Here's some general information based on * U.S.C. § *:
- * U.S.C. § *: Automatic stay is typically granted when a bankruptcy petition is filed. However, if two or more bankruptcies are filed within a year, the automatic stay for the third filing is limited to 30 days, unless extended by the court.
- Section *(b): This section concerns dismissing a Chapter * case if the debtor’s filing is considered abusive.
Given these details, it appears the automatic stay for the Chapter * filing may have been limited or not granted due to the prior filings. For a precise determination, consulting with a bankruptcy attorney is advisable.
Would you like more information on how to contact a bankruptcy attorney in Florida?
does a third bankruptcy filing in a year still grant an automatic stay if the first two were chapter * and the third was a chapter *
Based on * U.S.C. § *, the automatic stay is generally granted upon filing for bankruptcy. However, if there have been two or more bankruptcy cases dismissed within the prior year, the stay is limited to 30 days unless extended by the court.
For your specific situation:
- First Filing: Chapter *
- Second Filing: Chapter *
- Third Filing: Chapter *
The automatic stay for the third filing (Chapter *) would generally last for only 30 days unless a motion to extend was filed and granted by the court.
Given the complexities and the specifics of foreclosure and bankruptcy laws, consulting a bankruptcy attorney in Florida is highly recommended for personalized legal advice.
Would you like more information on how to contact a bankruptcy attorney in Florida?
is * U.S.C. § * still the most relevant law regarding stays in bankruptcy, or has a newer law superseded it
* U.S.C. § * is still the most relevant law regarding automatic stays in bankruptcy. It has not been superseded by any newer law. It's essential in cases involving multiple bankruptcy filings within a year.
Would you like more detailed information on how specific provisions of * U.S.C. § * might apply to your situation?
timeline of laws regarding bankruptcy post the Securities Investor Protection Act of *
Sure, Dar! Here's a concise timeline of key bankruptcy laws post the Securities Investor Protection Act of *:
- *: Bankruptcy Reform Act - Created the U.S. Bankruptcy Code, including Chapters *, *, and *.
- *: Bankruptcy Amendments and Federal Judgeship Act - Introduced reforms to address bankruptcy abuse.
- *: Bankruptcy Reform Act - Added measures for consumer protection and streamlined procedures.
- *: Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) - Imposed stricter eligibility requirements for Chapter * and introduced means testing.
- *: Small Business Reorganization Act - Created Subchapter V of Chapter * for small businesses.
Would you like more detailed information on any of these laws or another aspect of bankruptcy?