Procedure for filing of case for corporate debtor with 180 day bar
Posted: Mon Dec 28, 2015 8:27 am
Gio:
You have to ask in the old caae. Otherwise you are deliberately violating the order in the old case.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Dec 23, 2015, at 12:22 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
> If a non-human debtor is dismissed with a 180 day bar but needs a new case during such 180 day period, how do you proceed? Do you file the new case and file a motion for basically retroactive leave to file such case? Do you file a motion in the dismissed case asking for leave before you file the new case?
>
> Also, is the stay in place when you file a case during the 180 day bar? If this were a consumer, Section 109(g) has some restrictions on re-filing which I've read cases say basically eliminate the stay protection, but the code is silent about this.
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
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You have to ask in the old caae. Otherwise you are deliberately violating the order in the old case.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voiceOn Dec 23, 2015, at 12:22 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
If a non-human debtor is dismissed with a 180 day bar but needs a new case during such 180 day period, how do you proceed? Do you file the new case and file a motion for basically retroactive leave to file such case? Do you file a motion in the dismissed case asking for leave before you file the new case?Also, is the stay in place when you file a case during the 180 day bar? If this were a consumer, Section 109(g) has some restrictions on re-filing which I've read cases say basically eliminate the stay protection, but the code is silent about this.-- 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 Certification
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