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Automatic Stay on Case Reopening
Not that I'm aware of. 362 states that it is the "petition filed under 301, 302, or 303..." that operates as a stay. 350 doesn't have any stay language nor does Rule 5010. While an injunction under 105 might be possible, it isn't practical to request one under those facts your presented.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thursday, December 20, 2018, 12:18:51 PM PST, Tuan Le tuanl@stevelopezlaw.com [cdcbaa] wrote:
Thanks for the advice Peter. So it sounds like there is no option to bring the stay back?
Thanks,
Tuan
The post was migrated from Yahoo.
Consider prosecuting the motion to reopen and 522(f) motion concurrently and on shortened notice if necessary.
Review CCP Section 705 regarding timeline for judgment creditors selling a dwelling - it is a relatively slow process and the first available LASC hearing dates for an application to sell judgment debtor dwelling is likely March or April 2019 if the judgment creditor hasn't already reserved a hearing date.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thursday, December 20, 2018, 11:06:54 AM PST, tuanl@stevelopezlaw.com [cdcbaa] wrote:
Dear List,
I have a client that will need to reopen their case to avoid a judgment lien on their property that was unknown at the time of the bankruptcy filing 6 years ago. It's the same scenario as many have posted here and myself in the past. This one is a little different however because the creditor is hostile and threatening to sell the property to collect on the judgment lien.
My question is, does the automatic stay spring back automatically upon reopening of the bankruptcy case? Under 362(c)(2)(a) it states that the automatic stay is terminated upon the closing of the bankruptcy case, however it's silent in regards to the reopening. If the automatic stay doesn't automatically spring back into place, what would I need to do?
Thanks in advance for the help.
Thanks,
Tuan
The post was migrated from Yahoo.