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Chapter 13 filed while 7 still pending-- never
It doesn't.
On Saturday, March 21, 2015, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Client files chapter 7 case. It is an asset case and is pendingperhaps
> for years. We filed a concurrent chapter 13 to deal with substantial
> mortgage arrearages. A classic chapter 20.
>
>
>
> 11 U.S.C. 362(c)(3) in pertinent part states:
>
>
>
> *(3)* if a single or joint case is filed by or against a debtor who is an
> individual in a case under chapter 7, 11, or 13, and if a single or joint
> case of the debtor was pending within the preceding 1-year period but was
> dismissed, other than a case refiled under a chapter other than chapter 7
> after dismissal under section 707
> (b)
>
>
>
> *(A)* the stay under subsection (a) with respect to any action taken with
> respect to a debt or property securing such debt or with respect to any
> lease shall terminate with respect to the debtor on the 30th day after the
> filing of the later case;
>
> *(B)* on the motion of a party in interest for continuation of the
> automatic stay and upon notice and a hearing, the court may extend the stay
> in particular cases as to any or all creditors (subject to such conditions
> or limitations as the court may then impose) after notice and a hearing
> completed before the expiration of the 30-day period only if the party in
> interest demonstrates that the filing of the later case is in good faith as
> to the creditors to be stayed; and
>
> *(C)* for purposes of subparagraph (B), a case is presumptively filed not
> in good faith (but such presumption may be rebutted by clear and convincing
> evidence to the contrary)
>
>
>
>
>
> Does the 362(c) 30 day termination of the stay apply since the case was
> never dismissed? It would seem not to me, but would love some feedback.
> Thank you
>
>
>
> Steve
>
>
>
> 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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