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Chapter 13 to provide for non-dischargable claim
How was the stay lifted to allow the 523 judgment creditor to collect?
Was a motion for relief from stay filled? You haven't mentioned the
occurrence of anything under section 362(c) which would lift the stay.
Correct me if I'm wrong, but my understanding is that the stay controls until
lifted by specific court order or operation of law.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
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How was the stay lifted to allow the 523 judgment creditor to collect? ned the occurrence of anything under section 362(c) which would lift the stay. Correct me if I'mwrong, but my understanding is that the stay controlsuntil lifted by specific court order or operation oflaw.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
The post was migrated from Yahoo.
Bert,
Check the current case law on the effect of having two cases pending at same time. My recollection is that the prohibition of having two cases pending is focused on attempts to deal with the same debts in both cases and not having changed circumstances at the start of the second case.
It would beprudent tocontact the court clerk ASAP and request that the discharge be entered, thenwait to start the next case untilIt is also prudent for the debtor toappearat thejudgment debtor examination to avoidbeing in contempt of court.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, June 12, 2015 8:03 PM, "Bert Briones bertbri@ymail.com [cdcbaa]" wrote:
Listmates,
Have an interesting situation.
Debtor filed chapter 7 case in 2012. This case remains open because of an AP for 523 (a)(2)(A) determination of non-dischargability. The 523 complaint was lost with Judgment entered in December 2014 for over 200k.ngs Withholding Order entered in April 2015. They also have served a Subpoena to Judgment Debtor Examand the Bankruptcy judge has entered the Order for Appearance and Examination of Judgment Debtor for which the date is soon approaching. The Discharge has not yet been entered.
Debtors also have GSL debt of over 100k for a total of 300K+in non-dischargeable claims. I am considering a new chapter 13 case to provide for this 300k+.
Will this stay the collection of the 523 claim (stop the garnishment and stay the Examination)? I wonder because of Order for Appearance and Examination of Judgment Debtor signed just a few days ago.
Does the fact that Discharge has not been entered affect the new chapter 13 case?
The post was migrated from Yahoo.
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Why not?
Sent from my iPhone
> On Jun 12, 2015, at 8:02 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
>
> Listmates,
>
> Have an interesting situation.
>
> Debtor filed chapter 7 case in 2012. This case remains open because of an AP for 523 (a)(2)(A) determination of non-dischargability. The 523 complaint was lost with Judgment entered in December 2014 for over 200k. The judgment creditor has begun to garnish wages with an Earnings Withholding Order entered in April 2015. They also have served a Subpoena to Judgment Debtor Exam and the Bankruptcy judge has entered the Order for Appearance and Examination of Judgment Debtor for which the date is soon approaching. The Discharge has not yet been entered.
>
> Debtors also have GSL debt of over 100k for a total of 300K+in non-dischargeable claims. I am considering a new chapter 13 case to provide for this 300k+.
>
> Will this stay the collection of the 523 claim (stop the garnishment and stay the Examination)? I wonder because of Order for Appearance and Examination of Judgment Debtor signed just a few days ago.
>
> Does the fact that Discharge has not been entered affect the new chapter 13 case?
>
> Any other considerations?
>
The post was migrated from Yahoo.
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Why not?
Sent from my iPhone
> On Jun 12, 2015, at 8:02 PM, Bert Briones bertbri@ymail.com [cdcbaa] wrote:
>
> Listmates,
>
> Have an interesting situation.
>
> Debtor filed chapter 7 case in 2012. This case remains open because of an AP for 523 (a)(2)(A) determination of non-dischargability. The 523 complaint was lost with Judgment entered in December 2014 for over 200k. The judgment creditor has begun to garnish wages with an Earnings Withholding Order entered in April 2015. They also have served a Subpoena to Judgment Debtor Exam and the Bankruptcy judge has entered the Order for Appearance and Examination of Judgment Debtor for which the date is soon approaching. The Discharge has not yet been entered.
>
> Debtors also have GSL debt of over 100k for a total of 300K+in non-dischargeable claims. I am considering a new chapter 13 case to provide for this 300k+.
>
> Will this stay the collection of the 523 claim (stop the garnishment and stay the Examination)? I wonder because of Order for Appearance and Examination of Judgment Debtor signed just a few days ago.
>
> Does the fact that Discharge has not been entered affect the new chapter 13 case?
>
> Any other considerations?
>
The post was migrated from Yahoo.
Listmates,
Have an interesting situation.
Debtor filed chapter 7 case in 2012. This case remains open because of an AP for 523 (a)(2)(A) determination of non-dischargability. The 523 complaint was lost with Judgment entered in December 2014 for over 200k.ngs Withholding Order entered in April 2015. They also have served a Subpoena to Judgment Debtor Examand the Bankruptcy judge has entered the Order for Appearance and Examination of Judgment Debtor for which the date is soon approaching. The Discharge has not yet been entered.
Debtors also have GSL debt of over 100k for a total of 300K+in non-dischargeable claims. I am considering a new chapter 13 case to provide for this 300k+.
Will this stay the collection of the 523 claim (stop the garnishment and stay the Examination)? I wonder because of Order for Appearance and Examination of Judgment Debtor signed just a few days ago.
Does the fact that Discharge has not been entered affect the new chapter 13 case?
Any other considerations?
The post was migrated from Yahoo.