How long does the automatic stay last?

In a typical case with no prior dismissals, the stay as to you generally lasts until the case is dismissed or closed, or until discharge is granted or denied, whichever comes first (11 U.S.C. § 362(c)). The stay as to a specific piece of property ends when that property is no longer property of the estate, such as when it is abandoned.

Why did my automatic stay expire after 30 days?

That is the § 362(c)(3)(A) rule. If you were a debtor in one bankruptcy case dismissed within the year before your new filing, the stay commonly terminates on the 30th day after the new case is filed. It can be extended if a motion is filed before the 30 days run and the court finds the new case was filed in good faith.

Is there any stay at all if I have had two cases dismissed?

Commonly no. Under § 362(c)(4)(A)(i), where two or more of your cases were dismissed within the preceding year, no automatic stay goes into effect on the new filing. A party in interest, including you, may move under § 362(c)(4)(B) to have the court impose the stay, which generally requires showing the new case was filed in good faith.

What is a creditor's motion to lift the stay?

It is a request under 11 U.S.C. § 362(d) asking the court to terminate, annul, modify, or condition the stay, most often so the creditor can pursue collateral. Under § 362(e), the stay terminates as to that creditor 30 days after the request unless the court orders it continued after notice and a hearing.

Does the automatic stay stop everything?

No. Section 362(b) lists exceptions. Criminal actions are not stayed, and neither are most civil proceedings to establish paternity, to establish or modify domestic support obligations, or concerning child custody or visitation. One district guide puts it plainly: you are generally not protected from most domestic relations proceedings or most criminal proceedings (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter).

Can the stay end for one creditor but stay in place for others?

Yes. Relief under § 362(d) is granted to the party making the request, so the stay can terminate as to one secured creditor and remain in effect as to everyone else. Motions to extend the stay under § 362(c)(3)(B) can also be sought as to one creditor or all of them, which is why some local rules require the motion to identify which.

Does a discharged prior case cause the 30-day rule?

No. The § 362(c)(3) and § 362(c)(4) rules count prior cases that were dismissed, not cases that ended in discharge. A prior discharge raises a different question — whether enough time has passed to be eligible for a second discharge — which depends on the chapters involved and runs from filing date to filing date.

How much does filing cost while I sort this out?

The court fees are set nationally. A Chapter 7 case carries a $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge. A Chapter 13 case carries a $235 filing fee and a $78 administrative fee. Motions to extend or impose the stay generally carry no separate fee, though a creditor's motion for relief from stay does.

Creditors & collection actions

When the Automatic Stay Expires or Never Takes Effect

The automatic stay generally lasts until the case is closed or dismissed, or until discharge is granted or denied (11 U.S.C. § 362(c)). Two exceptions matter most: with one bankruptcy case dismissed in the prior year, the stay commonly terminates 30 days after filing, and with two or more dismissed in that year, no stay takes effect at all.

Key points

Under 11 U.S.C. § 362(c), the stay as to the debtor generally runs until the case is dismissed or closed, or until discharge is granted or denied.
One prior case dismissed within the preceding year commonly means the stay terminates on the 30th day after the new filing under § 362(c)(3)(A).
Two or more prior cases dismissed within that year commonly mean no automatic stay goes into effect at all under § 362(c)(4)(A)(i).
A debtor can ask the court to extend or impose the stay, but the motion must generally be filed and heard on a short local deadline.
Separately, any creditor may move under § 362(d) for relief from the stay, and § 362(e) sets a 30-day clock on that request.

People often assume that filing bankruptcy freezes collection permanently. It does not. The automatic stay has an end point in every case, and in some situations it ends after 30 days or never begins at all. Knowing which situation applies to you changes what you need to do, and how fast.

How does the automatic stay actually end?

Filing a petition operates as a stay of most collection activity against you and against property of the estate (11 U.S.C. § 362(a)). That protection is not permanent. Under 11 U.S.C. § 362(c), the stay as to property of the estate continues until the property is no longer property of the estate, and the stay as to individual debtors continues until the case is closed or dismissed, or until discharge is granted or denied, whichever happens first (Bankr. M.D. Fla. Procedure Manual — Motion for Relief from Stay and Motion for Relief from Co-Debtor Stay - Chapters 12 and 13).

That means the stay can end three ordinary ways: your case finishes and you receive a discharge, the court denies a discharge, or the case is dismissed or closed. It can also end early in two ways: a creditor asks the court to lift it under § 362(d), or the repeat-filing rules in § 362(c)(3) and § 362(c)(4) cut it short or prevent it from starting.

Case closed or dismissed — stay ends (§ 362(c)(2))
Discharge granted or denied — stay as to the individual debtor ends (§ 362(c)(2))
Property leaves the estate, such as by abandonment — stay as to that property ends (§ 362(c)(1))
Court grants a creditor's motion for relief (§ 362(d))
Repeat-filing rules terminate it at 30 days or prevent it entirely (§ 362(c)(3), (c)(4))

What changes the answer if you filed before?

Prior bankruptcy filings are the single biggest variable. If you were a debtor in one bankruptcy case that was dismissed within the year before your new case is filed, the stay commonly terminates on the 30th day after the new filing under § 362(c)(3)(A) (Bankr. M.D. Fla. Procedure Manual — Motion to Extend Automatic Stay). If two or more of your cases were dismissed within that year, no automatic stay goes into effect at all under § 362(c)(4)(A)(i).

One detail trips people up: the rule counts cases that were dismissed, not cases that ended in discharge. A prior case that was completed and discharged does not trigger the 30-day cutoff, though it may affect whether you can receive a second discharge, which is a separate question (Bankr. S.D. Ind. official page — Prior Filings).

In either repeat-filing situation, a party in interest, including you, may ask the court to extend or impose the stay (Bankr. M.D. Fla. Procedure Manual — Motion to Impose - Reimpose Automatic Stay).

How prior dismissals affect the stay
Your filing history in the past year	What commonly happens to the stay	Authority
No prior case dismissed	Stay runs until case closed or dismissed, or discharge granted or denied	11 U.S.C. § 362(c)
One case dismissed	Stay terminates on the 30th day after filing	11 U.S.C. § 362(c)(3)(A)
Two or more cases dismissed	No stay goes into effect	11 U.S.C. § 362(c)(4)(A)(i)

What does federal law say about lifting the stay?

Separate from the repeat-filing rules, any creditor or party in interest may ask the court to end the stay early. Under 11 U.S.C. § 362(d), the court grants relief from the stay for cause, including lack of adequate protection of a creditor's interest in property. These filings are most often titled a Motion for Relief from Stay, though they may also be styled as motions to terminate, modify, annul, lift, or condition the stay (Bankr. M.D. Fla. Procedure Manual — Motion for Relief from Stay and Motion for Relief from Co-Debtor Stay - Chapters 12 and 13).

There is a clock. Under 11 U.S.C. § 362(e), thirty days after a creditor's request for relief from the stay of an act against property of the estate, the stay is terminated as to that creditor unless the court, after notice and a hearing, orders it continued pending a final hearing. The court continues the stay if there is a reasonable likelihood the party opposing relief will prevail.

Adequate protection can take the form of cash payments, a replacement lien, or other relief giving the creditor the indubitable equivalent of its interest (11 U.S.C. § 361).

Where do local court rules change how this works?

The statutory rules are federal and identical everywhere, but the paperwork and deadlines around them are local. Several districts publish express procedures for confirming that the stay ended or never started. In the Southern District of Florida, a party may move after the 30-day period for an order confirming termination under § 362(c)(3), or for an order confirming no stay is in effect under § 362(c)(4)(A) (S.D. Fla. LBR 4001-3). The Western District of Tennessee has a parallel rule for orders that no stay is in effect (W.D. Tenn. LBR 4001-2), as does New Jersey (D.N.J. LBR 4001-4).

Deadlines for the debtor's side vary. The Middle District of Alabama requires a motion to extend the stay under § 362(c)(3) to be filed and served within seven days of the petition (Bankr. M.D. Ala. R. 4001-3). The Eastern District of Missouri sets fourteen days (E.D. Mo. L.R. 4001-2). Puerto Rico expects a continuation motion at filing or within three days (P.R. LBR 4001-5). Check your own district.

Confirming the stay ended or never started: S.D. Fla. LBR 4001-3, W.D. Tenn. LBR 4001-2, D.N.J. LBR 4001-4
Extending or imposing the stay: Bankr. M.D. Ala. R. 4001-3 (7 days), E.D. Mo. L.R. 4001-2 (14 days), P.R. LBR 4001-5 (at filing or 3 days)
Content requirements for an extension motion: Bankr. N.D. Ala. R. 4001-1.1

What does this look like in practice?

A common sequence: someone files Chapter 13, falls behind on plan payments, and the case is dismissed. Months later, with a garnishment resuming, they file again. Because one case was dismissed within the previous year, the new stay is temporary. It commonly ends on the 30th day unless a motion to extend is filed and granted before that deadline (Bankr. D. Mass. official page — The Effect of Repeat Filing on the Automatic Bankruptcy Stay).

To extend, the movant generally has to show a substantial change in financial or personal circumstances since the prior dismissal (Bankr. M.D. Fla. Procedure Manual — Motion to Extend Automatic Stay). A court will usually set a hearing, and the debtor may have to appear.

There is also a Chapter 13 wrinkle that has nothing to do with prior filings. In some districts, the stay terminates as to a secured creditor when the plan surrenders the collateral, pays that creditor directly outside the plan, or does not provide for the claim at all (S.D. Fla. LBR 4001-3; N.D. Ind. L.B.R. B-4001-1).

What documents and information are involved?

If you are asking the court to extend or impose the stay, courts generally want specifics about the prior cases, not generalities. The Northern District of Alabama requires the motion to state the case number, filing date, and dismissal date of each case dismissed in the preceding one-year period, the basis for each dismissal, whether the extension is sought as to one creditor or all, and the change in your personal or financial affairs since dismissal (Bankr. N.D. Ala. R. 4001-1.1).

Southern District of Indiana rules add that a motion to extend should name any creditor whose relief-from-stay motion was pending at, or granted within 60 days before, the prior dismissal (Bankr. S.D. Ind. official rule publication — Compiled Local Bankruptcy Rules — Amended Through December 1, 2025).

The underlying case still carries the ordinary court costs. A Chapter 13 case has a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). A Chapter 7 case has a $245 filing fee (28 U.S.C. § 1930(a)(1)(A), (f)(1)), a $78 administrative fee, and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9).

What should you ask a lawyer about your stay?

The repeat-filing rules run on short deadlines with real consequences, and the local practice around them differs district to district. These are the questions that tend to matter most in a first conversation.

Ask which subsection applies to you, since § 362(c)(3) and § 362(c)(4) lead to very different filings. Ask what your district's deadline is for a motion to extend or impose, and whether it is measured from the petition date. Ask what evidence of changed circumstances your judge typically expects. And ask what happens to specific creditors in the meantime, because in the two-or-more-dismissals situation, creditors may proceed as if no bankruptcy case had been filed unless and until the court imposes a stay (Bankr. D. Mass. official page — The Effect of Repeat Filing on the Automatic Bankruptcy Stay).

Does § 362(c)(3) or § 362(c)(4) apply to my filing history?
What is my district's deadline for a motion to extend or impose the stay?
What showing of changed circumstances will the court expect?
Are any creditors likely to move for relief under § 362(d), and on what grounds?
Does my proposed Chapter 13 plan itself end the stay as to any secured creditor?

What about a codebtor who signed with you?

Chapter 13 adds a second, narrower stay that protects other people who are liable on your consumer debts. Under 11 U.S.C. § 1301(a), a creditor generally may not act to collect a consumer debt of the debtor from an individual who is liable on it with you, or who secured it, subject to exceptions. Chapter 12 has a parallel provision (11 U.S.C. § 1201).

That codebtor stay has its own end points. It does not apply where the individual became liable in the ordinary course of that person's business, and it ends when the case is closed, dismissed, or converted to Chapter 7 (§ 1301(a)(2)). A creditor may also seek relief where the codebtor received the consideration, the plan proposes not to pay the claim, or the creditor's interest would be irreparably harmed.

Under § 1301(d), the codebtor stay terminates 20 days after a request under § 1301(c)(2) unless a written objection is filed and served.

Frequently asked questions

How long does the automatic stay last?: In a typical case with no prior dismissals, the stay as to you generally lasts until the case is dismissed or closed, or until discharge is granted or denied, whichever comes first (11 U.S.C. § 362(c)). The stay as to a specific piece of property ends when that property is no longer property of the estate, such as when it is abandoned.
Why did my automatic stay expire after 30 days?: That is the § 362(c)(3)(A) rule. If you were a debtor in one bankruptcy case dismissed within the year before your new filing, the stay commonly terminates on the 30th day after the new case is filed. It can be extended if a motion is filed before the 30 days run and the court finds the new case was filed in good faith.
Is there any stay at all if I have had two cases dismissed?: Commonly no. Under § 362(c)(4)(A)(i), where two or more of your cases were dismissed within the preceding year, no automatic stay goes into effect on the new filing. A party in interest, including you, may move under § 362(c)(4)(B) to have the court impose the stay, which generally requires showing the new case was filed in good faith.
What is a creditor's motion to lift the stay?: It is a request under 11 U.S.C. § 362(d) asking the court to terminate, annul, modify, or condition the stay, most often so the creditor can pursue collateral. Under § 362(e), the stay terminates as to that creditor 30 days after the request unless the court orders it continued after notice and a hearing.
Does the automatic stay stop everything?: No. Section 362(b) lists exceptions. Criminal actions are not stayed, and neither are most civil proceedings to establish paternity, to establish or modify domestic support obligations, or concerning child custody or visitation. One district guide puts it plainly: you are generally not protected from most domestic relations proceedings or most criminal proceedings (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter).
Can the stay end for one creditor but stay in place for others?: Yes. Relief under § 362(d) is granted to the party making the request, so the stay can terminate as to one secured creditor and remain in effect as to everyone else. Motions to extend the stay under § 362(c)(3)(B) can also be sought as to one creditor or all of them, which is why some local rules require the motion to identify which.
Does a discharged prior case cause the 30-day rule?: No. The § 362(c)(3) and § 362(c)(4) rules count prior cases that were dismissed, not cases that ended in discharge. A prior discharge raises a different question — whether enough time has passed to be eligible for a second discharge — which depends on the chapters involved and runs from filing date to filing date.
How much does filing cost while I sort this out?: The court fees are set nationally. A Chapter 7 case carries a $245 filing fee, a $78 administrative fee, and a $15 trustee surcharge. A Chapter 13 case carries a $235 filing fee and a $78 administrative fee. Motions to extend or impose the stay generally carry no separate fee, though a creditor's motion for relief from stay does.

Sources

11 U.S.C. § 362 — Automatic stay · official source
11 U.S.C. § 361 — Adequate protection · official source
11 U.S.C. § 1301 — Stay of action against codebtor · official source
11 U.S.C. § 1201 — Stay of action against codebtor (chapter 12)
Bankr. M.D. Fla. Procedure Manual — Motion for Relief from Stay and Motion for Relief from Co-Debtor Stay - Chapters 12 and 13
Bankr. M.D. Fla. Procedure Manual — Motion to Extend Automatic Stay
Bankr. M.D. Fla. Procedure Manual — Motion to Impose - Reimpose Automatic Stay
Bankr. D. Mass. official page — The Effect of Repeat Filing on the Automatic Bankruptcy Stay
Bankr. S.D. Ind. official page — Prior Filings
Bankr. S.D. Ind. official rule publication — Compiled Local Bankruptcy Rules — Amended Through December 1, 2025
S.D. Fla. LBR 4001-3
W.D. Tenn. LBR 4001-2
D.N.J. LBR 4001-4
Bankr. M.D. Ala. R. 4001-3
Bankr. N.D. Ala. R. 4001-1.1
E.D. Mo. L.R. 4001-2
P.R. LBR 4001-5
N.D. Ind. L.B.R. B-4001-1
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
28 U.S.C. § 1930(a)(1)(A), (f)(1)
28 U.S.C. § 1930(a)(1)(B)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Last reviewed July 26, 2026 · Sources verified July 26, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.

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