[CAMFFG] Is there any provision that makes automatic stay expire
Posted: Sat Jan 12, 2013 4:28 am
your opponent is confused.
On Fri, Jan 11, 2013 at 10:28 PM, Alik Segal wrote:
> **
>
>
> Mates,
>
> I have a client who filed a chapter 13 case in 2011, which was dismissed.
> Then in 2012 he filed a chapter 7 case and received a discharge .
> Finally, in 2013, he filed a chapter 11 case.
>
> I have a creditor who says that the stay will expire within 30 days of
> filing the 3rd case. He wasn't able to cite a section or a case on the
> spot, but promised to come up with it.
>
> The only provision in the bankruptcy code that makes the automatic stay
> terminate, of which I am aware, is section 362(c)(3) which is only
> triggered if there had been a case dismissed within a year of filing the
> currently pending case. That section does not apply on this client's facts
> because
>
> 1. The only dismissal was in 2011--more than 1 year before latest filing
> in 2013.
>
> 2. The only case that ended in 2012, i.e. within 1 year of filing the
> currently pending case, ended with a discharge.
>
> Is there other law I should look at? Am I missing something?
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
>
>
your opponent is confused. On Fri, Jan 11, 2013 at 10:28 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
Mates,I have a client who filed a chapter 13 case in 2011, which was dismissed. Then in 2012 he filed a chapter 7 case and received a discharge . Finally, in 2013, he filed a chapter 11 case.
I have a creditor who says that the stay will expire within 30 days of filing the 3rd case. He wasn't able to cite a section or a case on the spot, but promised to come up with it.
The only provision in the bankruptcy code that makes the automatic stay terminate, of which I am aware, is section 362(c)(3) which is only triggered if there had been a case dismissed within a year of filing the currently pending case. That section does not apply on this client's facts because
1. The only dismissal was in 2011--more than 1 year before latest filing in 2013. 2. The only case that ended in 2012, i.e. within 1 year of filing the currently pending case, ended with a discharge.
Is there other law I should look at? Am I missing something?-- Alik SegalAlik.Segal@gmail.com310-362-6157
California Central District
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