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3rd BK filing in one year and wage garnishment
Holly,
no stay, unless you use (B), underlined below,but relief will come when the discharge is issued.
or joint case is filed by or against a debtor who is an individual under this title,
and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed,
other than a case refiled under section 707(b), the stay under subsection (a) shall not go into effect upon the
filing of the later case; and
t shall promptly enter an order confirming that no stay is
in effect;
the filing of the later case, a party in interest requests the court may order
the stay to take effect in the case as to any or all creditors (subject to such conditions or limitations as the court
may impose), after notice and a hearing, only if the party in interest demonstrates that the filing of the later
case is in good faith as to the creditors to be stayed;
bparagraph (B) shall be effective on the date of the entry of the order
allowing the stay to go into effect; and
graph (B), a case is presumptively filed not in good faith (but such
presumption may be rebutted by clear and convincing evidence to the contrar
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If debtor is eligible for Chapter 7 relief, she will likely also be successful interminating or limiting the garnishment through a claim of exemption filed with the superior court.
Peter M. Lively, JD, MBA
The Personal Financial Law Center
A-Bankruptcy-Attorney.com
Culver City (310) 391-2400
________________________________
To: Strictly Bankruptcy Issues ; cdcbaa@yahoogroups.comSent: Monday, December 12, 2011 5:24 PM
Subject: [cdcbaa] 3rd BK filing in one year and wage garnishment
If the debtor has a 3rd case pending in one year (2 prior chapter 13 dismissals), and a wage garnishment is in place, since there is no Automatic Stay, can the wage garnishment continue? The current case was filed as a chapter 13 and was immediately converted to a chapter 7. There is no reason to think this debt is nondischargeable, but I am wondering about the effect of no Automatic Stay under 362(c)(4).
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
The post was migrated from Yahoo.
If the debtor has a 3rd case pending in one year (2 prior chapter 13
dismissals), and a wage garnishment is in place, since there is no
Automatic Stay, can the wage garnishment continue? The current case was
filed as a chapter 13 and was immediately converted to a chapter 7. There
is no reason to think this debt is nondischargeable, but I am wondering
about the effect of no Automatic Stay under 362(c)(4).
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
If the debtor has a 3rd case pending in one year (2 prior chapter 13 dismissals), and a wage garnishment is in place, since there is no Automatic Stay, can the wage garnishment continue? The current case was filed as a chapter 13 and was immediately converted to a chapter 7. There is no reason to think this debt is nondischargeable, but I am wondering about the effect of no Automatic Stay under 362(c)(4).
-- Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
The post was migrated from Yahoo.