When interviewing a prospective debtor, a paralegal should inquire whether an individual has been a debtor in a case pending within the past year, because that may affect whether the automatic stay goes into effect and the duration of the stay.

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This information is relevant because if an individual has been a debtor in a case pending within the past year, the automatic stay may not go into effect immediately. Additionally, if the individual has had multiple cases pending within the past year, the duration of the stay may be limited. Therefore, it is important for a paralegal to ask about any recent bankruptcy filings when interviewing a prospective debtor.

When Interviewing a Prospective Debtor, a Paralegal Should Inquire Whether