Does the automatic stay apply to Chapter 7?
The automatic stay will apply to Chapter 7 cases if you have not had a prior bankruptcy case pending within the last year prior to filing. If you have had one case pending within the last year then the automatic stay will only be in effect for thirty days. If you have had two or more cases pending within the last year then there will be no automatic stay. This provision is very important if you had a Chapter 13 case that was dismissed instead of converted.