Central District Consumer Bankruptcy Attorney's Association

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There are such cases in the 9th cir. You can file a motion to allow the second case, and/or just file the case and be prepared to advocate for the proprietary of the second case.
If there is no abandonment, however, i doubt such a defense of the second case could be successful, as the second case would have no assets.
Years ago I filed a motion to allow a second case, don't recall the case number, and it was granted based upon my desire to give the debtor relief not available in the first case, and if I recall correctly, also based upon the second case not having a negative affect on the first case.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jan 3, 2015, at 8:27 PM, Office mitnicklaw@aol.com [cdcbaa] wrote:
>
> There is some case law out there that the debtor can't be in two open cases at the same time. Don't recall whether it's 9th Cir.
>
> Sent from my iPhone
>
>> On Jan 3, 2015, at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>>
>>
>> I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years.
>>
>>
>>
>> Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending.
>>
>>
>>
>> Im pretty sure I can do this. Im not looking for a discharge in the 13.&nb sp;
>>
>>
>>
>> However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Id be happy to hear from you too.
>>
>>
>>
>> Thank you as always for your input. Happy New Year.
>>
>>
>>
>> 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.
>>
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>>
>
>
I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years. Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending. Im pretty sure I can do this. I sp; However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Iormal"> Thank you as always for your input. Happy New Year. Law Offices of Steven B. Lever> > Steven B. Lever>
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There is a basic concept that the first estate owns all of the assets of the debtor. Since the assets won't be in the second case, absent an abandonment, there will be no stay. Why, because the property won't be property of the second estate and the stay protects property of the estate.
So, an abandonment must be prosecuted before the second case is filed.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jan 3, 2015, at 5:58 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> I agree that you can do it. I would give the Chapter 7 Trustee and his attorneys a heads up. Maybe they can expedite certain things like abandoning the home back to the Debtor, etc. and you can expedite certain things like stipulations for relief from stay. I am fairly sure the stay in the Chapter 13 case will stay whatever the Trustee is doing in the Chapter 7.
>
>> On Sat, Jan 3, 2015 at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>>
>> I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years.
>>
>>
>>
>> Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending.
>>
>>
>>
>> Im pretty sure I can do this. Im not looking for a discharge in the 13.
>>
>>
>>
>> However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Id be happy to hear from you too.
>>
>>
>>
>> Thank you as always for your input. Happy New Year.
>>
>>
>>
>> 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.
>>
>> > ******************************************************
>>
>
>
>
> --
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Avanesian Law firm
> 101 N. Brand Blvd, PH 1920
> Glendale, CA 91203
>

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The first case filed owns all of the assets of the debtor. You should file a motion to compel abandonment in the 7 before filing the 13, or the 13 won/t include the home.
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jan 3, 2015, at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
> I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years.
>
>
>
> Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending.
>
>
>
> Im pretty sure I can do this. Im not looking for a discharge in the 13.
>
>
>
> However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Id be happy to hear from you too.
>
>
>
> Thank you as always for your input. Happy New Year.
>
>
>
> 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.
>
> > ******************************************************
>
>
>
>
On Jan 3, 2015, at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

> 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.

There is some case law out there that the debtor can't be in two open cases at the same time. Don't recall whether it's 9th Cir.
Sent from my iPhone
> On Jan 3, 2015, at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
> I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years.
>
>
>
> Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending.
>
>
>
> Im pretty sure I can do this. Im not looking for a discharge in the 13.&nb sp;
>
>
>
> However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Id be happy to hear from you too.
>
>
>
> Thank you as always for your input. Happy New Year.
>
>
>
> 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.
>
> > ******************************************************
>
>
>
>
I have a case that is a discharged Chapter 7. It is an asset case so it will be open for admin for months if not years. Debtor is also behind on his mortgage. I want to file the Chapter 13 case while the 7 is pending. Im pretty sure I can do this. I sp; However, if anyone sees any issues, or disagrees with me, please chime in. Or if you agree Iormal"> Thank you as always for your input. Happy New Year. Law Offices of Steven B. Lever> > Steven B. Lever>
The post was migrated from Yahoo.

The post was migrated from Yahoo.

I have a case that is a discharged Chapter 7. It is an asset case so it
will be open for admin for months if not years.
Debtor is also behind on his mortgage. I want to file the Chapter 13
case while the 7 is pending.
I'm pretty sure I can do this. I'm not looking for a discharge in the
13.
However, if anyone sees any issues, or disagrees with me, please chime
in. Or if you agree I'd be happy to hear from you too.
Thank you as always for your input. Happy New Year.
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.