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Filing 11 before dismissal entered in 13
Under *In re Blendheim, 803 F.3d 477 (2015), having simultaneous cases is
not per se impermissible. in that case, the debtor a 13 was filed right
after a discharge was entered and before the case had been closed. *
*If a spouse has filed a 13 by herself, but she and her husband change
their minds and want instead to get relief under Chapter 11 but want to
have a joint petition to avoid any issues in the future, do you see any
problem with filing a new Chapter 11 case within seconds of filing a
request for dismissal without waiting for the court to enter the dismissal
of the wife's case. I think it is equivalent to Blendheim since the Court
"shall" enter dismissal under 1307. Here, a previously impending
foreclosure sale has been postponed for weeks and the stay in the wife's
case is still effective, but we don't want to risk any relief from stay
motion that would render the wife ineligible in the meantime and, frankly,
just want to get on with it. *
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
UnderIn re Blendheim, 803 F.3d
477 (2015), having simultaneous cases is not per se impermissible. in that case, the debtor a 13 was filed right after a discharge was entered and before the case had been closed. If a spouse has filed a 13 by herself, but she and her husband change their minds and want instead to get relief under Chapter 11 but want to have a joint petition to avoid any issues in the future, do you see any problem with filing a new Chapter 11 case within seconds of filing a request for dismissal without waiting for the court to enter the dismissal of the wife's case. I think it is equivalent to Blendheim since the Court "shall" enter dismissal under 1307. Here, a previously impending foreclosure sale has been postponed for weeks and the stay in the wife's case is still effective, but we don't want to risk any relief from stay motion that would render the wife ineligible in the meantime and, frankly, just want to get on with it. -- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
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