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ch 13 following ch 7 with MFRS granted
You can do it, but research 362 carefully because not only was there a
prior case, but RFS was granted. You will have to be ready to file a
Motion to either extend the automatic stay or to institute it, depending
on your research. If it was just a prior case you'd have 30 days of
stay automatically, not sure with a prior RFS. There is a court form
that is mandatory.
Steven B. Lever
The post was migrated from Yahoo.
I have a potential client who received a chapter 7 discharge about 5 months
ago. During the chapter 7, the mortgage company filed a MFRS which was
uncontested and granted. Mortgage company is now getting around to
foreclosing on the property. Sale is scheduled in a few days. PC wants to
file chapter 13 to try to keep the property.
Will the granting of the MFRS in the previous ch 7 have the effect of
preventing a chapter 13 case from being successful? Anything I should watch
out for?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
I have a potential client who received a chapter 7 discharge about 5
months ago. During the chapter 7, the mortgage company filed a MFRS
which was uncontested and granted. Mortgage company is now getting
around to foreclosing on the property. Sale is scheduled in a few
days. PC wants to file chapter 13 to try to keep the property.
Will the granting of the MFRS in the previous ch 7 have the effect of
preventing a chapter 13 case from being successful? Anything I should
watch out for?Thanks,-- Kirk Brennan, esq.California Law Office, P.C.calibankrutpcysite.com
The post was migrated from Yahoo.