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Chapter 13 case.
charsetF-8;
format="flowed"
If you convert it is the same case and same automatic stay. Relief
from stay order standard language contains clause that relief will
still apply to any converted chapter.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
On Tue, 17 May 2011 14:41:00 -0700, "Nicholas S. Nassif" wrote:
I filed a Chapter 7 case. The US Trustee filed a Motion based on Abuse
(Means Test). The Debtor fell 3 months behind on his mortgage and the
creditor has a Motion for Relief from Automatic Stay set for tomorrow
at 11:00 am. The Court will most likely grants the Motion for Relief.
Then if I file a Motion to Convert to Ch. 13 (mainly because of the
U.S. Trustees Motion), and if it is granted, is there a new
Automatic Stay, and/if so, do I have to file a Motion so that the
Automatic Stay does not dissolve 30 days after the creditors Motion
is granted? There was no Notice of Default filed before the bankruptcy
was filed. What is the authority for the answers?
Thanks.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net
start="olqdx3s37cg@webmail.mysuperpageshosting.com"
charsetF-8
If you convert it is the same case and same automatic stay.
Relief from stay order standard language contains clause that relief will still
apply to any converted chapter.Mark T. JesseeLaw Offices of
Mark T. Jessee"A Debt Relief Agency"50 W. Hillcrest Drive, Suite
200Thousand Oaks, CA 91360(805) 497-5868 (805) 497-5864
(Facsimile)On Tue, 17 May 2011 14:41:00 -0700, "Nicholas S. Nassif"
wrote:
The post was migrated from Yahoo.
charset="UTF-8"
I filed a Chapter 7 case. The US Trustee filed a Motion based on Abuse (Means Test). The Debtor fell 3 months behind on his mortgage and the creditor has a Motion for Relief from Automatic Stay set for tomorrow at 11:00 am. The Court will most likely grants the Motion for Relief. Then if I file a Motion to Convert to Ch. 13 (mainly because of the U.S. Trustees Motion), and if it is granted, is there a new Automatic Stay, and/if so, do I have to file a Motion so that the Automatic Stay does not dissolve 30 days after the creditors Motion is granted? There was no Notice of Default filed before the bankruptcy was filed. What is the authority for the answers?
Thanks.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net
charset="UTF-8"
The post was migrated from Yahoo.