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
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Whittier, CA 90604
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