The important thing about the motion to extend the automatic stay is that it must be supported by an affidavit stating why this case is going to succeed where the prior case failed. The court is basically looking for a change in circumstances to prove that this case has a greater likelihood of success than the prior. As an Island Lake bankruptcy lawyer, I have had great success in getting the stay extended.
In the example that I gave above, if someone lost their job and now they’re back employed, that’s a positive change in circumstances. If someone fell ill during their initial Chapter 13 bankruptcy case and now they are back healthy that is a positive change in circumstances.
If somebody increased their income or took in a tenant or otherwise changed their budget so that they can now have greater success, those are valid changes in circumstances that must be attached and supported by affidavit. I want the second case where they file Chapter 13 bankruptcy to work.
Typically the motion to extend the automatic stay will not be opposed by any creditor or the Chapter 13 trustee. Most of the motions to extend the automatic stay are going to be routinely granted and the case will proceed.
Chapter 13 bankruptcy cases are complicated. I would never recommend that someone try to file a bankruptcy case themselves under Chapter 13; there are simply too many hoops and hurdles that one must cross and get through to have a successful Chapter 13.
The benefit of hiring a bankruptcy lawyer to handle a Chapter 13 case is that the attorney should be versed in all the different areas of bankruptcy. The attorney should be aware of the trustee and as to what that trustee requires for confirmation. The attorney should also be aware of the judge and what the judge wants in terms of confirmation.
If you try to file a Chapter 13 bankruptcy case yourself the court is going to hold you to the same standard that they would an attorney; thus, you are going to have to know the different facets of Chapter 13 and be able to amend the schedules and the documents to satisfy the trustee and the court.
If you hire an attorney the attorney will do that work on your behalf. The total fee in the Northern District of Illinois for attorneys’ fees in Chapter 13 bankruptcy cases is $3,500.00 if the client and the attorney enter into the model-retention agreement. Most of the Chapter 13 bankruptcy cases in the State of Illinois involve flat fees of $3,500.00 under the model-retention agreement. There is the ability to opt out of that agreement and pay an attorney an hourly rate. Most attorneys and most debtors do not want to have a fee that can exceed $3,500.00 so they will opt in to the model-retention agreement. You should be able to find a bankruptcy lawyer who can assist you.