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Refilling Chapter 13 continuation of Stay
Posted: Mon Oct 29, 2012 3:08 pm
by Yahoo Bot
Unless you're lucky and draw Judge Zurzolo, who does not require it -
though I usually file the motion anyway, just to have the order from him
saying that the stay is still in effect.
Unless you're lucky and draw Judge Zurzolo, who does not require it - though I usually file the motion anyway, just to have the order from him saying that the stay is still in effect.
The post was migrated from Yahoo.
Refilling Chapter 13 continuation of Stay
Posted: Mon Oct 29, 2012 2:26 pm
by Yahoo Bot
Jonathan,
You are looking for section 362(c)(3). The important wording is "pending within the preceding 1-year period but was dismissed...." So if the prior case was not "dismissed," for example a discharge was received and a second case was filed for a good faith purpose, then 362(c)(3) does not arise, but, as I recently found out, the court will send a notice that there is no eligibility for a discharge which states the case will be closed 10 days after the notice unless an objection and request for hearing is filed. (The Chapter 20 procedure).
Link Schrader, Attorney
Law Office of Link W. Schrader
The post was migrated from Yahoo.