=?utf-8?Q?Re:_[cdcbaa]_Does_closing_without_discharge_trigger_?=
Posted: Sat Feb 24, 2018 6:35 pm
Chapter 11, which I filed on January 26. Section 362(c)(3) was not implicated because the prior case was not dismissed.
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> On Jan 23, 2018, at 9:34 AM, Joel Feinstein jmf@joelfeinsteinlaw.com [cdcbaa] wrote:
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> Chapter 13?
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>> On Jan 23, 2018 8:47 AM, "'Nicholas Gebelt' ngebelt@gebeltlaw.com [cdcbaa]" wrote:
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>> Dear cdcbaa Brain Trust,
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>> 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.
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>> 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?
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>> Thanks for your thoughts,
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>> Nick
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>> Nicholas Gebelt
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>> Nicholas Gebelt, Ph.D., J.D.
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>> Attorney at Law
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>> Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
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The post was migrated from Yahoo.