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Does Judge Bason believe that stay as to BOTH debtor AND estate
From Judge Bason's Instructions / Procedures:
B. 362(c)(3) (termination of automatic stay 30 days after filing 2dbankruptcy case in one year). Judge Bason follows In re Reswick, 446B.R. 362 (9th Cir. BAP 2011) (if automatic stay is not continued beyond 30days then it terminates in all aspects, i.e., not only as to the debtorindividually but as to all parties and the bankruptcy estate). See In reHernandez, case no. 2:11-bk-53730-NB, docket #40 (MemorandumDecision). Judge Bason recognizes that termination of the automatic staymay harm creditors, or otherwise undermine important bankruptcy policies,and therefore one of two remedies may be appropriate: (1) if it appears thata plan can be confirmed before irreparable harm occurs, then the bindingeffect of the plan might be a sufficient substitute for the lack of anautomatic stay (see 1327(a)), or alternatively (2) the court can dismiss thebankruptcy case on its own motion and without a bar to filing anotherbankruptcy case. See Hernandez (2:11-bk-53730-NB, dkt. 40) pp. 8:4-10:16.C. 362(d):David S. Shevitz, Esq.
Shevitz Law Firm
3435 Wilshire BoulevardSuite 2920Los Angeles, CA 90010
Telephone:(213) 863-0183
Facsimile:(213) 788-4834
Email:david@shevitzlawfirm. com
Website:www.shevitzlawfirm. com
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I need the answer to the above urgently.
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.
I need the answer to the above urgently.-- 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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