Central District Consumer Bankruptcy Attorney's Association

Why would we ever want to file a motion under 362(c)(3)(b) if esate's in rem automatic stay is always going to keep the property from being foreclosed upon without the lender first obtaining relief from the automatic stay? I understand in personam vs. in rem in the Chapter 7 context. I'm struggling with it in the Chapter 13 context since the Chapter 13 trustee does not really exercise control over the estate's assets like a Chapter 7 trustee does.
If a lender relying upon 362(c)(3)is intent on pursuing foreclosure sale, does a Chapter 13 debtor have standing to object when in personam stay has expired?
Mark Jessee
>
> Don't need to refile. Stay still protects property of the estate in the 2nd
> case. Debtor does not need in personam stay which expired after 30 days.
>
>
>
> 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
>
>
> -----Original Message-----
> Mark Jessee
> Sent: Monday, June 21, 2010 1:47 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Section 362(c)(3)(B) 30 day period to file Motion to
> Continue Stay
>
>
>
>
> Pro Se Chapter 13 debtor filed second case within a year to prevent
> foreclosure. First case dismissed for failure to make plan payments. Now
> been over 30 days since filed. Debtor had no clue about Section 362(c)(3)'s
> limitation 30 day automatic stay limitation. Took no action to file motion
> continuing stay. Section 362(c)(3)(B) technically requires said motion to be
> filed and heard before the expiration of the 30 period.
>
> Judge Thompson case. Anyone aware of Judge Thompson granting motion to
> continue the stay filed and heard after the 30 day period?
>
> If the 30 day period is absolute, is it per se bad faith to dismiss the
> current Chapter 13 and then refile immediately in order to have a chance to
> reimpose the automatic stay under Section 362(c)(4) and thus be able to save
> home from foreclosure?
>
> Mark T. Jessee
>

The post was migrated from Yahoo.

Pro Se Chapter 13 debtor filed second case within a year to prevent foreclosure. First case dismissed for failure to make plan payments. Now been over 30 days since filed. Debtor had no clue about Section 362(c)(3)'s limitation 30 day automatic stay limitation. Took no action to file motion continuing stay. Section 362(c)(3)(B) technically requires said motion to be filed and heard before the expiration of the 30 period.
Judge Thompson case. Anyone aware of Judge Thompson granting motion to continue the stay filed and heard after the 30 day period?
If the 30 day period is absolute, is it per se bad faith to dismiss the current Chapter 13 and then refile immediately in order to have a chance to reimpose the automatic stay under Section 362(c)(4) and thus be able to save home from foreclosure?
Mark T. Jessee

The post was migrated from Yahoo.