I believe the situation is H and W own a home together. H files for Chapter
13 3x as an individual (not joint). On the 3rd filing, home was foreclosed
on and sold to a BFP. 30 day deadline for imposing the stay is blown, even
if under 105 the stay could be reimposed, unless retroactive, there is no
use.
Question is whether 1301 was violated even though 362 stay is not in effect
since W is a codebtor.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Fri, Oct 18, 2013 at 6:41 PM, cdcbaa wrote:
> **
>
>
> Steve, you lost me, what are the facts?
> Did one owner of the property file two cases, so a third won't count?
> Is a codebtor going to file?
> Why won't the codebtor's 362 apply?
> Has the codebtor filed two cases, so the third won't give a 362 stay?
> Are you asking if the 1301 stay would apply even if the 362 stay won't
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:
part1.03050307.05030101@bklaw.com]
>
> On Oct 16, 2013, at 3:25 PM, "Steven B. Lever"
> wrote:
>
>
>
> Has anyone ever used the automatic stay of 1301 to effectively stop a
> foreclosure when 362 didnt apply? If so, please let me know.****
>
> ** **
>
> Thank you ****
>
> ** **
>
> Steve ****
>
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>
> 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****
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I believe the situation is H and W own a home together. H files for Chapter 13 3x as an individual (not joint). On the 3rd filing, home was foreclosed on and sold to a BFP. 30 day deadline for imposing the stay is blown, even if under 105 the stay could be reimposed, unless retroactive, there is no use.
Question is whether 1301 was violated even though 362 stay is not in effect since W is a codebtor.Sincerely,
Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com818-507-6000
On Fri, Oct 18, 2013 at 6:41 PM, cdcbaa <
cdcbaamailbox@gmail.com> wrote:
The post was migrated from Yahoo.