Does Judge VZ's order render stay in new case years later void
Posted: Thu Jul 06, 2017 2:16 pm
I have a very unsophisticated potential client who paid a third party a
monthly amount to get a loan modification for him. Unbeknownst to him, the
person was filing bankruptcy cases to stop foreclosures and one of Judge
VZ's orders imposing a 180 day bar and requiring that he give permission to
file a new bankruptcy case. The PC filed a case on 6/19. The sale took
place on 6/20 and an order dismissing the case and vacating the stay was
entered on 6/29 (order does not say whether retroactively and prospectively
or only prospectively). I am trying to figure out if the stay was in
effect on the 20th thereby rendering the sale void or not and whether
permission can be obtained retroactively after reopening the case.
Has anybody faced this issue before?
Can the motion be filed in the new case or must it be in the previous case
(presumably after reopening)? The actual language says:
(1) debtor's bankruptcy case is dismissed;
(2) the court retains jurisdiction on all issues arising under Bankruptcy
Code Sections 110, 329 and 362; and
(3) pursuant to Bankruptcy Code Section 349, debtor is prohibited from
filing any new bankruptcy petition unless:
(a) debtor files a motion to request permission to file a new bankruptcy
case and the motion is supported by admissible evidence;
(b) debtor serves the motion on all creditors;
(c) debtor schedules the motion for hearing; and
(d) the court grants the motion.
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
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I have a very unsophisticated potential client who paid a third party a monthly amount to get a loan modification for him.oreclosures and one of Judge VZ's orders imposing a 180 day bar and requiring that he give permission to file a new bankruptcy case. The PC filed a case on 6/19. The sale took place on 6/20 and an order dismissing the case and vacating the stay was entered on 6/29 (order does not say whether retroactively and prospectively or only prospectively). I am trying to figure out if the stay was in effect on the 20th thereby rendering the sale void or not and whether permission can be obtained retroactively after reopening the case.Has anybody faced this issue before?Can the motion be filed in the new case or must it be in the previous case (presumably after reopening)? The actual language says:(1) debtor's bankruptcy case is dismissed; (2) the court retains jurisdiction on all issues arising under Bankruptcy Code Sections 110, 329 and 362; and (3) pursuant to Bankruptcy Code Section 349, debtor is prohibited from filing any new bankruptcy petition unless:(a) debtor files a motion to request permission to file a new bankruptcy case and the motion is supported by admissible evidence;(b) debtor serves the motion on all creditors; (c) debtor schedules the motion for hearing; and (d) the court grants the motion.-- WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General Counsel
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