Can PC file ch.13 bky after ch. 7 is completed and still get automatic stay relief?
Posted: Wed Dec 16, 2009 10:30 pm
Why not convert the Chapter 7 to a Chapter 13? Call counsel for the moving party and ask for continuance so that client can cure default through Chapter 13 plan. Be prepared to proceed quickly with motion to value and filing of proposed plan. Use the motion for relief's disclosure of amounts due to prepare plan.
Lou Esbin
>
> PC has a hrg for mx for relief from automatic stay by a mortgage bank.
> Hearing is scheduled for later this week. There's not enough time to object
> or oppose, so I expect the mx to be granted. The ch. 7 case is almost
> over. The case should have been filed as chapter 13, since there's a good
> chance to lien strip an unsecured second. If the client files a chapter 13,
> then is it possible to receive automatic stay protection again? Or is he
> SOL?
>
> Jacob D. Chang, Esq.
> Law Offices of Jacob D. Chang
> 1600 Wilshire Boulevard, Third Floor
> Los Angeles, CA 90017
> Tel: (213) 252-4440
> Fax: (213) 738-1116
> Email: jacobchang.esq@...
>
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