Prior case impact on automatic stay in subsequent case where prior
Posted: Mon Nov 19, 2012 4:31 pm
1. Listmates,
1. Debtor filed chapter 7, received chapter 7 discharge, whereupon the
case closed. It was not dismissed. Within 1 year of the initial filing
debtor filed a chapter 11 case. I am almost certain of what the answer is
but I would like a confirmation. Section 362(c)(3) provides that if the
prior case was filed within a year of the subsequent filing and if the
prior case was dismissed that the automatic stay in the subsequent case
will expire 30 days after filing. People talk about the impact of serial
filings on automatic stay. But isnt it true that where the prior case was
filed within a year of the subsequent case, but the prior case was not
dismissed, the stay continues normally throughout the case.
2. During the chapter 7 case, secured creditor brought a motion for
relief from stay based on the grounds that there was no equity and the real
property was not necessary to a reorganization. Debtor opposed the motion
but the motion was granted. There was no special in rem relief. What is
the impact on the subsequent reorganization case of the prior case order
granting stay relief?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
1.Listmates,
1. Debtor filed chapter 7, received chapter 7 discharge, whereupon
the case closed. It was not
dismissed. Within 1 year of the initial
filing debtor filed a chapter 11 case. I
am almost certain of what the answer is but I would like a confirmation. Section 362(c)(3) provides that if the prior
case was filed within a year of the subsequent filing and if the prior case was
dismissed that the automatic stay in the subsequent case will expire 30 days
after filing. People talk about the
impact of serial filings on automatic stay.
But isnt it true that where the prior case was filed within a year of
the subsequent case, but the prior case was not dismissed, the stay continues
normally throughout the case.
2. During the
chapter 7 case, secured creditor brought a motion for relief from stay based on
the grounds that there was no equity and the real property was not necessary to
a reorganization. Debtor opposed the
motion but the motion was granted. There
was no special in rem relief. What is
the impact on the subsequent reorganization case of the prior case order
granting stay relief?-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District
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