Central District Consumer Bankruptcy Attorney's Association

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Why is this an issue? In re Kimmel allows a debtor to be protected by by the community property discharge. Did the spouse not sign the note? No, or you would not be considering the codebtor stay. The spouse gets the 362 stay, not just the 1301 stay. The spouse did not file multiple cases. The stay arises, and the creditor must attack the stay.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 15, 2013, at 8:19 PM, Michael Avanesian wrote:
>
> Just to clarify for the audience (correct me if I am wrong)
>
> Under (3) the motion must be heard within 30 days. (When must the Order be entered? -- I say within the 30 day window)
> Under (4) the motion must be filed within 30 days.
>
> The problem with (4) is that there is no stay until the Order is entered. Under a (3) scenario, there is a stay for 30 days.
>
> There may be a caveat under (3) because of the language which says the stay is terminated as to the Debtor. Some Judges hold that the stay is lifted as to the property of the estate as well (I believe Judge Bason is one of them) while others may find that there is still a stay in place. I don't do consumer work so this is all stuff I've picked up from reading the forums and may not be accurate.
>
>
> Sincerely,
> Michael Avanesian
> Law Offices of David A. Tilem
> www.tilemlaw.com
> 818-507-6000
>
>
>> On Tue, Oct 15, 2013 at 6:51 PM, Steven B. Lever wrote:
>>
>> That is true for one prior filing, but not for two, according to the statute. Its the difference between 362(c)(3) and (c)(4).
>>
>>
>>
f Larry Simons
>> Sent: Tuesday, October 15, 2013 5:51 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: RE: [cdcbaa] Last Minute Motion to Impose Stay
>>
>>
>>
>>
>>
>> Your other fatal flaw was that any motion to impose a stay must be heard (not filed) within 30 days of the petition date.
>>
>>
>>
f Steven B. Lever
>> Sent: Tuesday, October 15, 2013 5:37 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: FW: [cdcbaa] Last Minute Motion to Impose Stay
>>
>>
>>
>>
>>
>> Ive been doing research, and to update my post, I did not take into account 11 U.S.C. 362(c)(4)(C) which states:
>>
>>
>>
>> (C) a stay imposed under subparagraph (B) shall be effective on the date of the entry of the order allowing the stay to go into effect;
>>
>>
>>
>> Therefore, it is not retroactive to the original filing date when the BFP bought the property at the foreclosure sale, and so I now realize my Motion to Impose Stay is pointless.
>>
>>
>>
>> Was this obvious to anyone, just curious?
>>
>>
>>
>> Steve
>>
>>
>>
f Steven B. Lever
>> Sent: Tuesday, October 15, 2013 3:42 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Last Minute Motion to Impose Stay
>>
>>
>>
>>
>>
>> I have a new client for whom tomorrow is the last day to file a Motion to Impose a Stay on the 3rd Chapter 13 filing he did pro se. He filed 2 Chapter 13s that were dismissed earlier this year. A sale to a BFP occurred.
>>
>>
>>
>> I have three questions/requests:
>>
>>
>>
>> 1. Ive done these before, but much more pedestrian. Does anyone have one that was more complicated one with a Points & Authorities that theyd share a case # on so I could look at the pleading?
>>
>> 2. The case was filed 9/17/13. The last day to file is tomorrow, by my reckoning, as it is my understand it must be filed, but not necessarily heard in 30 days. Is this correct?
>>
>> 3. Im just doing this to pull his fat out of the fire (he has $300K of equity in the real property sold to the BFP) and dont want to be in the main case unless he can get a 3rd party to forward my fees, providing that, against the odds, we prevail on the Motion to Impose Stay. Can I just do an association of counsel with him for this matter and file it with the Court to keep me from having to deal with his main case?
>>
>>
>>
>> Thank you in advance.
>>
>>
>>
>> Steve
>>
>>
>>
>> Law Offices of Steven B. Lever
>>
>> >
>>
>> > Steven B. Lever
>>
>> >( Tel. (562) 436-5456 ext. 1
>>
>> >( Fax (562) 485-6886
>>
>> >* sblever@leverlaw.com
>>
>> > www.leverlaw.com
>>
>> > ******************************************************
>>
>> > This Internet e-mail contains confidential information
>>
>> > which is intended only for the addressee and which may
>>
>> > be privileged under applicable law. Do not read, copy
>>
>> > or disseminate it if you are not the addressee. If you
>>
>> > have received this message in error, please notify the
>>
>> > sender immediately and delete it. Thank you.
>>
>> > ******************************************************
>>
>
>

The post was migrated from Yahoo.

Michael:
I agree with your analysis. I would add that under (4) per subpart (C) the stay is only effective on the date of the order and is not retroactive. Useless to set aside a foreclosure that occurred in the beginning hours of the case. I found a case that says that and it seems clear by the language of that subpart.
That's why I'm going with the 1301(a) co-debtor stay which is not based upon 362(a). See In re King case I put in prior case. That Maryland judge set aside a foreclosure on that basis. I think it's our only hope. Since there is $300K in equity at stake I'm hoping ES sees it our way. Somehow while intellectually plausible, it still seems desperate.
Steve

The post was migrated from Yahoo.

Just to clarify for the audience (correct me if I am wrong)
Under (3) the motion must be heard within 30 days. (When must the Order be
entered? -- I say within the 30 day window)
Under (4) the motion must be filed within 30 days.
The problem with (4) is that there is no stay until the Order is entered.
Under a (3) scenario, there is a stay for 30 days.
There may be a caveat under (3) because of the language which says the stay
is terminated as to the Debtor. Some Judges hold that the stay is lifted as
to the property of the estate as well (I believe Judge Bason is one of
them) while others may find that there is still a stay in place. I don't do
consumer work so this is all stuff I've picked up from reading the forums
and may not be accurate.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Tue, Oct 15, 2013 at 6:51 PM, Steven B. Lever wrote:
> **
>
>
> That is true for one prior filing, but not for two, according to the
> statute. Its the difference between 362(c)(3) and (c)(4). ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Larry Simons
> *Sent:* Tuesday, October 15, 2013 5:51 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Last Minute Motion to Impose Stay****
>
> ** **
>
> ****
>
> Your other fatal flaw was that any motion to impose a stay must be heard
> (not filed) within 30 days of the petition date.****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Steven B. Lever
> *Sent:* Tuesday, October 15, 2013 5:37 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* FW: [cdcbaa] Last Minute Motion to Impose Stay****
>
> ****
>
> ****
>
> Ive been doing research, and to update my post, I did not take into
> account 11 U.S.C. 362(c)(4)(C) which states:****
>
> ****
>
> *(C)* a stay imposed under subparagraph (B) shall be effective on the
> date of the entry of the order allowing the stay to go into effect;****
>
> ****
>
> Therefore, it is not retroactive to the original filing date when the BFP
> bought the property at the foreclosure sale, and so I now realize my Motion
> to Impose Stay is pointless.****
>
> ****
>
> Was this obvious to anyone, just curious?****
>
> ****
>
> Steve ****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Steven B. Lever
> *Sent:* Tuesday, October 15, 2013 3:42 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Last Minute Motion to Impose Stay****
>
> ****
>
> ****
>
> I have a new client for whom tomorrow is the last day to file a Motion to
> Impose a Stay on the 3rd Chapter 13 filing he did *pro se*. He filed 2
> Chapter 13s that were dismissed earlier this year. A sale to a BFP occurred.
> ****
>
> ****
>
> I have three questions/requests:****
>
> ****
>
> 1. Ive done these before, but much more pedestrian. Does anyone
> have one that was more complicated one with a Points & Authorities that
> theyd share a case # on so I could look at the pleading?****
>
> 2. The case was filed 9/17/13. The last day to file is tomorrow, by
> my reckoning, as it is my understand it must be filed, but not necessarily
> heard in 30 days. Is this correct?****
>
> 3. Im just doing this to pull his fat out of the fire (he has $300K
> of equity in the real property sold to the BFP) and dont want to be in
> the main case unless he can get a 3rd party to forward my fees, providing
> that, against the odds, we prevail on the Motion to Impose Stay. Can I
> just do an association of counsel with him for this matter and file it with
> the Court to keep me from having to deal with his main case?****
>
> ****
>
> Thank you in advance.****
>
> ****
>
> Steve ****
>
> ****
>
> Law Offices of Steven B. Lever****
>
> > ****
>
> > Steven B. Lever****
>
> >( Tel. (562) 436-5456 ext. 1****
>
> >( Fax (562) 485-6886****
>
> >* sblever@leverlaw.com****
>
> > www.leverlaw.com****
>
> > **********************************************************
>
> > This Internet e-mail contains confidential information****
>
> > which is intended only for the addressee and which may****
>
> > be privileged under applicable law. Do not read, copy****
>
> > or disseminate it if you are not the addressee. If you****
>
> > have received this message in error, please notify the****
>
> > sender immediately and delete it. Thank you.****
>
> > **********************************************************
>
> ****
>
> ****
>
>
>
Just to clarify for the audience (correct me if I am wrong)Under (3) the motion must be heard within 30 days. (When must the Order be entered? -- I say within the 30 day window)
Under (4) the motion must be filed within 30 days.The problem with (4) is that there is no stay until the Order is entered. Under a (3) scenario, there is a stay for 30 days.
There may be a caveat under (3) because of the language which says the stay is terminated as to the Debtor. Some Judges hold that the stay is lifted as to the property of the estate as well (I believe Judge Bason is one of them) while others may find that there is sti
The post was migrated from Yahoo.

That is true for one prior filing, but not for two, according to the statute. It's the difference between 362(c)(3) and (c)(4).

The post was migrated from Yahoo.

Your other fatal flaw was that any motion to impose a stay must be heard (not filed) within 30 days of the petition date.

The post was migrated from Yahoo.

I have a new client for whom tomorrow is the last day to file a Motion
to Impose a Stay on the 3rd Chapter 13 filing he did pro se. He filed 2
Chapter 13s that were dismissed earlier this year. A sale to a BFP
occurred.
I have three questions/requests:
1. I've done these before, but much more pedestrian. Does anyone
have one that was more complicated one with a Points & Authorities that
they'd share a case # on so I could look at the pleading?
2. The case was filed 9/17/13. The last day to file is tomorrow, by
my reckoning, as it is my understand it must be filed, but not
necessarily heard in 30 days. Is this correct?
3. I'm just doing this to pull his fat out of the fire (he has $300K
of equity in the real property sold to the BFP) and don't want to be in
the main case unless he can get a 3rd party to forward my fees,
providing that, against the odds, we prevail on the Motion to Impose
Stay. Can I just do an association of counsel with him for this matter
and file it with the Court to keep me from having to deal with his main
case?
Thank you in advance.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************

The post was migrated from Yahoo.