Under Section 362(c)(1), the stay on estate assets continues until the case
is closed unless the property stops being an estate asset, such as through
the effect of an exemption or if debtor has been dismissed (since 349
revests the property in the debtor, i.e., it is no longer estate
property). Otherwise, I do not know that vacating the discharge would
reimpose the stay. My recollection is that case law states that once the
stay is gone, it can only be reimposed by adversary proceeding.
On Thu, Apr 20, 2017 at 10:19 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Ok, so the stay is not in effect but the bankruptcy court still has
> jurisdiction to rule on a motion to avoid lien (discharge issued but case
> still open). So does the pending motion to avoid lien prevent the lien
> creditor from going to sale? These facts have a lien creditor with a
> scheduled sheriffs sale two weeks after the motion to avoid lien hearing.
> We anticipate the motion to avoid lien to be contested and likely continued
> beyond the sale date which of course we dont want to happen.
>
>
>
> Does it make sense to vacate the discharge for purposes of reinstating the
> stay until the motion to avoid lien is resolved?
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image:
http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... google.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... /email.png]
>
>
>
>
>
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, April 19, 2017 11:14 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] RE: Automatic Stay
>
>
>
>
>
> See 362(c)
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
>
www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:
image005.png@01D0C939.A54B78D0] [image:
> cid:
image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, April 19, 2017 11:08 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Automatic Stay
>
>
>
>
>
> Does the stay remain in effect in a Chapter 7 after discharge but before
> closing?
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image:
http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... google.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png]
> [image:
>
http://pcmweb.net/devglobal/emaildev/eB ... /email.png]
>
>
>
>
>
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail:
go@gobklaw.com
website:
www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
Under Section 362(c)(1), the stay on estate assets continues until the case is closed unless the property stops being an estate asset, such as through the effect of an exemption or if debtor has been dismissed (since 349 revests the property in the debtor, i.e., it is no longer estate property). Otherwise, I do not know that vacating the discharge would reimpose the stay. My recollection is that case law states that once the stay is gone, it can only be reimposed by adversary proceeding.On Thu, Apr 20, 2017 at 10:19 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] <
cdcbaa@yahoogroups.com> wrote:
Ok, so the stay is not in effect but the bankruptcy court still has jurisdiction to rule on a motion to avoid lien (discharge issued but case still open). So does the pending
motion to avoid lien prevent the lien creditor from going to sale? These facts have a lien creditor with a scheduled sheriffs sale two weeks after the motion to avoid lien hearing. We anticipate the motion to avoid lien to be contested and likely continued
beyond the sale date which of course we dont want to happen.
Does it make sense to vacate the discharge for purposes of reinstating the stay until the motion to avoid lien is resolved?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone: 855-378-4080
Fax: 562-249-8435
Licensed in California
The post was migrated from Yahoo.
