Central District Consumer Bankruptcy Attorney's Association

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Dear Hale,
Your answer is in 362(c)(3), which applies in a Chapter 7. Based on 362(c)(3)(B) you will have to move to extend the stay if you want the stay. However, if you dont need the stay then dont bother with the motion.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
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We all know the limitations of 362 in subsequent 13s, but what about its
necessity, as a practical matter, in a subsequent 7?
Chapter 7 was dismissed in last year for failure to attend the 341a, so
not 707b-related. There is no real property, and two secured debts
(vehicle loans), both current on payments. If debtor files new Chapter 7
(promising to find their way to the 341a this time), must there be a
Motion to Extend the Stay, or in a Chapter 7 where debtor is current on
secured debts and intends to reaffirm, is it a moot and unnecessary time
and expense to extend/continue the stay?
Does your answer change if debtor is one month late on a car payment?
Thanks!
Hale
*/Hale Andrew Antico/*
(888) 54-BKLAW
http://www.los-angeles-bankruptcy.net
/Vice-President, Central Dist Consumer Bankruptcy Attorneys' Assn.(CDCBAA)/
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States Bankruptcy Laws./
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including, where appropriate, assisting them with the filing of
petitions for relief under the United States Bankruptcy Code./
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