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How Long Does It Last? Extending or Lifting the Stay

Understanding the duration and management of the automatic stay in bankruptcy is crucial for protecting your financial interests. This blog post will explore how long the stay lasts, the circumstances under which it can be extended or lifted, and how a bankruptcy attorney near you can provide valuable assistance throughout the process.

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How Long Does It Last? Extending or Lifting the Stay
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Understanding the duration and management of the automatic stay in bankruptcy is crucial for protecting your financial interests. This blog post will explore how long the stay lasts, the circumstances under which it can be extended or lifted, and how a bankruptcy attorney near you can provide valuable assistance throughout the process.
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Discover how long the automatic stay lasts in bankruptcy, including the differences between Chapter 7 and Chapter 13 filings. Learn about the circumstances that can lead to the stay being lifted or extended, and find a bankruptcy attorney near you to protect your rights throughout the process.
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Flat vector illustration showing a timeline of automatic stay duration in bankruptcy, with Chapter 7 lasting 3–4 months and Chapter 13 lasting 3–5 years, alongside a fading legal shield and a bankruptcy attorney near you helping a person understand motions to extend or lift the stay.
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How Long Does It Last? Extending or Lifting the Stay

The automatic stay is a critical tool in bankruptcy—it provides immediate relief by stopping most creditor actions as soon as your case is filed. But how long does this protection last, and can it be extended or lifted before your case is resolved?
In this post, we’ll explain the duration of the automatic stay, what can cause it to end early, how you can extend it, and what happens if a creditor successfully lifts the stay. We’ll also cover how a bankruptcy attorney near you can protect your rights throughout the process.
 
💡 For every post in this series, scroll down to “Related Posts.”

How Long Does the Automatic Stay Last?

The answer depends on your bankruptcy chapter and filing history:

Chapter 7 Filers:

  • The stay typically lasts until your case is closed or your debts are discharged—about 3–4 months from filing.

Chapter 13 Filers:

  • The stay remains in effect throughout your 3–5 year repayment plan, protecting you from most creditor actions during that time.

Can the Stay End Early?

Yes. The stay can end before your discharge if:
  • The court dismisses your case (e.g., due to incomplete paperwork or missed deadlines)
  • A creditor files a motion to lift the stay, and the court grants it
  • You’ve filed multiple bankruptcies within the past year, which may limit or eliminate stay protection entirely

Repeat Filings: Special Rules for the Stay

If you’ve filed bankruptcy before, the law imposes limits:
  • One case dismissed within the past year: The stay expires after 30 days unless you file a motion to extend it.
  • Two or more dismissals within a year: No stay takes effect unless you file a motion and the court approves it.
Act quickly if this applies to you—your attorney must request an extension immediately after filing.

How to Extend the Automatic Stay

If your stay is limited due to a recent case, you must:
  • File a motion to extend the stay within 30 days of filing
  • Show the court your current case was filed in good faith
  • Attend a hearing where the judge decides whether to grant the extension
A bankruptcy attorney near you can handle the motion, help you present evidence, and increase your odds of keeping creditor protections in place.

What Is a Motion to Lift the Stay?

Creditors can ask the court to “lift” or remove the automatic stay, usually when:
  • You’ve missed payments on a secured loan (e.g., mortgage or car loan)
  • They face significant financial harm by waiting
  • The property has no value to your estate or reorganization plan
If granted, the creditor can resume collection, foreclosure, or repossession efforts.

What Happens If the Stay Is Lifted?

Once the court lifts the stay:
  • The specific creditor can take legal action (e.g., foreclose, sue, garnish)
  • Other creditors remain subject to the stay unless they file separately
You may still have options to protect your property—such as catching up on payments or negotiating new terms. Talk to a bankruptcy attorney near you to explore your defenses.
A bankruptcy lawyer near you can:
  • File motions to extend the stay
  • Oppose creditor motions to lift it
  • Argue in court on your behalf
  • Help you stay protected while your case proceeds
Without legal guidance, you may lose critical protections and face aggressive creditor actions prematurely.

ReferU.AI Helps You Stay Protected

ReferU.AI connects you with a bankruptcy attorney near you who knows how to maximize your stay protections and defend your rights. Whether you need to extend the stay or fight back against creditors, our AI-powered platform finds you expert help fast.

Final Thought: Don’t Let the Clock Run Out on Your Protection

The automatic stay is your strongest early defense in bankruptcy—but it’s not permanent by default. Knowing how long it lasts, how to extend it, and how to prevent it from being lifted ensures you stay protected throughout your case.

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