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Lawyer Did Not Extend Stay
The stay can be imposedafter the 30th day, but only undre105(a)by adversary proceeding.Debtor doesn'thave time to complete the AP, butDebtor might consider filing anAP, thenrecording a Lis Pendens.
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 Thursday, November 7, 2013 8:59 PM, Clifford Bordeaux wrote:
NB follows Reswick, not Rinard, so there is no stay.
I would maybe start by calling the lender and alerting them to the situation--see if they will stipulate not to foreclose through the initial confirmation date. If you can get the case confirmed, then (arguably) the creditor is bound by the confirmed plan. See Judge Tighe's opinion in In re Hileman, 451 B.R. 522 (Bankr. C.D.CA, 2011). I haven't tried it, but if I took a case like this, I might try first for the stipulation. ses and then see if you can call the bank's attorney first--then maybe they can get the case referred early. If the lender or their attorney says "we won't stipulate, the stay is terminated and we are selling client's house next week," you could talk to the client about what I would call the "nuclear option"--dismiss, refile and do an immediate emergency motion to impose a stay. Obviously, you want a strongly worded CYA letter in your file before
trying such a maneuver. Then, proceed only if you have your full RARA fee up front, because you will have to earn it.
Voluntary dismissal only triggers a 180 day bar under Section 109(g)(2) if "the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay..." Thus, 109(g)(2) does not appear to contemplate the automatic expiration of the automatic stay via 362(c)(3). So I think you can voluntarily dism
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NB follows Reswick, not Rinard, so there is no stay.
I would maybe start by calling the lender and alerting them to the
situation--see if they will stipulate not to foreclose through the initial
confirmation date. If you can get the case confirmed, then (arguably) the
creditor is bound by the confirmed plan. See Judge Tighe's opinion in In
re Hileman, 451 B.R. 522 (Bankr. C.D.CA, 2011). I haven't tried it, but if
I took a case like this, I might try first for the stipulation. You could
try to find out who represents the bank in their Chapter 13 cases and then
see if you can call the bank's attorney first--then maybe they can get the
case referred early. If the lender or their attorney says "we won't
stipulate, the stay is terminated and we are selling client's house next
week," you could talk to the client about what I would call the "nuclear
option"--dismiss, refile and do an immediate emergency motion to impose a
stay. Obviously, you want a strongly worded CYA letter in your file before
trying such a maneuver. Then, proceed only if you have your full RARA fee
up front, because you will have to earn it.
Voluntary dismissal only triggers a 180 day bar under Section 109(g)(2) if
"the debtor requested and obtained the voluntary dismissal of the case
*following
the filing of a request* for relief from the automatic stay..." Thus,
109(g)(2) does not appear to contemplate the *automatic *expiration of the
automatic stay via 362(c)(3). So I think you can voluntarily dismiss case
The post was migrated from Yahoo.