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Dear Colleagues,
In case anyone is interested in the answer to my question about the
applicability of 362(c)(3) when the prior case was closed without a
discharge for failure to take the second course:
As it turns out, the motion is technically moot for the simple reason that
the debtors prior case was not dismissed but rather closed without entry of
a discharge. Thus, the 30-day limitation on the automatic stay in
362(c)(3), Bankruptcy Code, by its own terms does not apply.
In re Anderson, 08-14743-SSM, Bankr. E.D. Va. 2008

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Dear cdcbaa Brain Trust,
I have a client whose Chapter 7 case was closed without a discharge in April
2017 because he didnt take the postpetition course. He came to me to stop
a foreclosure that is set for next Monday, so we must file quickly.
My reading of 362(c)(3) is that the stay would terminate on the thirtieth
day after filing the second case only if the prior case had been dismissed.
Therefore, since it wasnt dismissed, just closed without a discharge, 362(c)(3) isnt implicated. Anyone disagree?
Thanks for your thoughts,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal
Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
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www.southerncaliforniabankruptcylawblog.com/
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We help people file for bankruptcy relief under the Bankruptcy Code.
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