Legal Question in Bankruptcy in California

What happens to a motion to lift automatic stay if I convert my chapter 7 to a 13


Asked on 4/26/16, 10:58 am

2 Answers from Attorneys

Dennis Winters Winters Law Firm

It could change the issues regarding the grounds for Relief from Stay by adding a possible issue as to whether the property subject to the motion is "necessary for an effective reorganization."

The conversion might delay the motion, it won't stop it from going to a hearing eventually, unless the moving party drops it.

If you don't have an attorney, you should talk to one before converting to Chapter 13. There is a lot involved in doing a successful Chapter 13.

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Answered on 4/26/16, 11:19 am
Charles Andersen Charles Andersen, Atty

In addition to the above answer which is correct, it is important to note that it is the filing of the bankruptcy that invokes the stay. Thus a lifted stay cannot be reinstated by conversion to another chapter. http://abc27talkback.com

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Answered on 4/26/16, 5:28 pm


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