One Prior Dismissal -- 30-Day Stay
Section 362(c)(3): If you had a case pending and dismissed within the year before your new filing, the automatic stay expires after 30 days unless you file a motion to extend it. You must show the new filing is in good faith.
Two or More Prior Dismissals -- No Stay
Section 362(c)(4): If you had two or more cases pending and dismissed within the year before filing, you get NO automatic stay at all. You must file a motion and prove good faith to get any stay protection. Until the court grants your motion, creditors can continue collection.
How to Extend the Stay
File a motion to extend or impose the stay before it expires (within 30 days for 362(c)(3), or as soon as possible for 362(c)(4)). Demonstrate that the new case is filed in good faith -- changed circumstances, ability to complete the plan, specific reason prior case was dismissed. Full serial filing guide.
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