Does closing without discharge trigger =C2=A7 362(c)(3)?
Posted: Wed Jan 24, 2018 8:33 pm
Nicholas,
I agree with this analysis, there needs to be a dismissal.
I filed a second case for a debtor that had a pending case in the last year, but not a dismissed case in the last year and the judge denied my motion to impose or continue the stay because there was no dismissal. Sometimes doing less is more! At the same time I felt in that case it was the safe move to tell everyone including the Chapter 7 trustee that the second case was filed in good faith.
In my case the debtor was not at fault for the outcome of the first case. In your case, from your facts it sounds like the debtor forgot to complete the second course and it would be hard to blame anyone else, unless previous counsel or previous financial management company forgot to file the certificate.
David Jacob, Esq.
ogroups.com>
To: cdcbaa@yahoogroups.com; Nicholas Gebelt
Sent: Tuesday, January 23, 2018 12:36 PM
Subject: [cdcbaa] Does closing without discharge trigger 362(c)(3)?
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:e 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 (htt
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