Central District Consumer Bankruptcy Attorney's Association

The party suing was required to get relief from stay. See 11 USC 362 (a) (3) and (4) and check the confirmation order and the plan. The CD form plan says in section VI - Property of the estate shall not revest in the Debtor until such time as a discharge is granted or the case is dismissed or closed without discharge. While certain post-petition acts are not prohibited by 362(a) against the debtor - (a)(1), (2), (5), (6) - in a chapter 13 case these acts are still a violation of 362 because they are acts against property of the estate which includes the debtor's income.
Link Schrader, Attorney
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com

The post was migrated from Yahoo.

The language in 11 USC 362(a)(1) seems to control. Maybe you dismiss and
refile including the new debts.
_____

The post was migrated from Yahoo.

Answer is No to all 3 questions, Sofya. Read 362(a)
Steven B. Lever

The post was migrated from Yahoo.

Hello everyone:
Debtor is in a confirmed ch 13 plan. Debtor's daughter got into an accident while driving Debtor's car and did not carry an insurance (was an excluded driver from Debtor's insurance). The injuried parties brought a negligence entrustment suit against Debtor without obtaining RFS from the BK Court.
Q#1: does the automatic stay protect ch 13 Debtor from POST-petition claims?
Q#2: was the suing party required to obtain RFS before filing the lawsuit in state court?
Q#3: if default judgment has been obtained, can it be set aside on the basis that the service on Debtor was not proper b/c the Debtor is in a pending ch 13 bk and court's approval was required.
Any advice will be greatly appreciated
Sofya Davtyan, Esq.

The post was migrated from Yahoo.