I have never done it but if I had to guess, I would file a motion in the
prior case to vacate the bar. I would not file a new case when there is an
order prohibiting debtor from filing!
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
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Glendale, CA 91203
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On Wed, 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.
> 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
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
>
I have never done it but if I had to guess, I would file a motion in the prior case to vacate the bar. I would not file a new case when there is an order prohibiting debtor from filing!
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