Legal Question in Bankruptcy in California

Automatic Stay

How long does the automatic stay continue in a Chapter 7 bankruptcy? I filed on 2/12/99; 341 hearing on 3/16/99; discharged on 5/24/99. The company (who is not the legal owner of my car, but who is collecting for the legal owner) filed a motion for relief from the automatic stay on 4/20. Hearing set for 5/17, but continued due to non-appearance of counsel. Hearing on 6/17 - motion denied. Court told me counsel did not appear that date either and now they must obtain a court order to pick up the car. They are saying they can come get it because my case was discharged and it doesn't matter about the motion.


Asked on 7/01/99, 2:30 pm

2 Answers from Attorneys

Susan Freiman The Legal Clinic

Re: Automatic Stay

I don't understand what you mean by the case was "discharged." Does that mean you got a discharge? Or the case was dismissed and you did not get a discharge?

It sounds like you need some personal legal advice. If you had a lawyer in the bankruptcy, go back to him or her. If not and you can't afford a lawyer, go to Legal Aid. Most bar associations also have panels of lawyers willing to help for a reduced fee. You could also call several lawyers from the Yellow Pages.

Remember, the finance companies often deal unfairly with debtors, and if you don't know what your rights really are, you will be at a serious disadvantage.

Good luck!

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Answered on 7/12/99, 3:15 am
Mark Markus Law Office of Mark J. Markus

Re: Automatic Stay

The automatic stay terminated as to acts taken against you personally on the date your discharge was granted. It terminated as to acts taken against your property (vehicle)on the date that property was abandoned by the Trustee in your case. It is often difficult to determine the precise date this occurred. However, if your case is closed, that is the definite date on which property which was not administered (sold) by the Trustee is abandoned and reverts back to you. You can see if your case was closed by obtaining a copy of the docket.

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Answered on 7/08/99, 7:58 pm


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