Section 362(c)(3)(B) 30 day period to file Motion to&=
Posted: Mon Jun 21, 2010 4:15 pm
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Short answer: you wouldn't.
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 3:44 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Section 362(c)(3)(B) 30 day period to file Motion to
Continue Stay
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
Tilem" wrote:
>
> 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-----
[mailto:cdcbaa@yahoogroups.com ] On Behalf
Of
> 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
Short answer: youwouldn't.
David A.
Tilem
Certified Bankruptcy
Specialist*
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