Central District Consumer Bankruptcy Attorney's Association

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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.
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
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Message
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*
The post was migrated from Yahoo.

362(c)(3) says that the stay ends after 30 days (unless extended at a
hearing held before the expiration of such 30 days) as to the debtor, not
the estate. There is case law that says the stay did not end as to the
house.
On Mon, Jun 21, 2010 at 1:46 PM, Mark Jessee wrote:
>
>
> 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
>
>
>
Giovanni Orantes, Esq.
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362(c)(3) says that the stay ends after 30 days (unless extended at a hearing held before the expiration of such 30 days) as to the debtor, not the estate. There is case law that says the stay did not end as to the house.
On Mon, Jun 21, 2010 at 1:46 PM, Mark Jessee <mjessee@jesseelaw.com> wrote:
The post was migrated from Yahoo.