This is the way I read 362(c)(3)(A)
The stayterminates withrespect to the debtor on the30th day, if an [individual debtor 7, 11, or 13] case is filed andthe debtor's prior case[other than aChapter 7 dismissedunder 707(b)] was dismissed within one year.
Therefore,dismissals under707(b) do not count asdismissals within one year.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
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________________________________
To:
cdcbaa@yahoogroups.com
Sent: Tue, May 18, 2010 8:28:45 AM
Subject: Re: [cdcbaa] Interpreting 362(c)(3)
Hello David -
I read 362c3 in exactly the opposite way.
individual in a case under chapter 7, 11, or 13, - you have this element; and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, - you have this element too; other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) - this is an excepting clause which you dont have.
It looks to me like 362c3 only doesnt apply when the previous case was a chapter 7, and it was dismissed under 707(b).
- John D. Faucher
On 5/18/10 7:54 AM, "David Tilem" wrote:
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>Facts:
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>Chapter 13 filed in mid-2009
>Secured creditor got relief from stay
>Case was dismissed at confirmation hearing in late 2009
>Dismissal Order does not recite any grounds
>New Chapter 11 case filed immediately after dismissal of Chapter 13
>
>Question:
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>Is 362(c)(3) applicable?
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>Critical Language:
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>"other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)"
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>Is This Correct?
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>362(c)(3) only applies if: (1) earlier case was a Chapter 7; and (2) Chapter 7 was dismissed under Sect. 707(b).
>
>
>David A. Tilem
>Certified Bankruptcy Specialist*
>Law Offices of David A. Tilem (a debt relief agency)
>206 N. Jackson Street, #201, Glendale, CA 91206
>Tel: 818-507-6000 Fax: 818-507-6800
>
>* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
>Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
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- John D. Faucher
>>>
This is the way I read 362(c)(3)(A)
The stay terminates with respect to the debtor on the 30th day, if an [individual debtor 7, 11, or 13] case is filed and the debtor's prior case [other than a Chapter 7 dismissed under 707(b)] was dismissed within one year.
Therefore, dismissals under 707(b) do not count as dismissals within one year. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: John Faucher <
j.d.faucher@sbcglobal.net>To:
cdcbaa@yahoogroups.comSent: Tue, May 18, 2010 8:28:45 AMSubject: Re: [cdcbaa] Interpreting 362(c)(3)
Hello David -I read 362c3 in exactly the opposite way. if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, - you have this element; and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, - you have this element too; other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) - this is an excepting clause which you donB> apply when the previous case was a chapter 7, and it was dismissed under 707(b). - John D. Faucher On 5/18/10 7:54 AM, "David Tilem" <davidtilem@tilemlaw .com> wrote:
Facts: Chapter 13 filed in mid-2009Secured creditor got relief from stayCase was dismissed at confirmation hearing in late 2009Dismissal Order does not recite any groundsNew Chapter 11 case filed immediately after dismissal of Chapter 13Is 362(c)(3) applicable? Critical Language:"other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)"Is This
Correct? 362(c)(3) only applies if: (1) earlier case was a Chapter 7; and (2) Chapter 7 was dismissed under Sect. 707(b). Certified Bankruptcy Specialist* Law Offices of David A. Tilem (a debt relief agency)
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