Expert: Mark J. Markus- California Bankruptcy Attorney - 3/1/2005

Question
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Followup To---The original was a 13 it was converted to a 7 which has not been discharged. However the stay against property was lifted under the original 13. I figure that foreclosure will not be complete prior to discharge of 7. Can they refile a 13 and get another stay in place. Automatic stay that was lifted bars them from redemption. thanks cindy
Question -
If you initially filed a chapter 13 then converted to a chapter 7 how soon can you refile a chapter 13? If an automatic stay was lifted during the chapter 13 but foreclosure  was not completed during the 7 will the automatic stay be reinstated under the chapter 13 if it can be refiled?
Answer -
Well it depends possibly on whether the chapter 7 case is still open and what the disposition of that case was (dismissed, discharged, etc).  You need to see the order on the relief from automatic stay to answer your question about whether it carries through to the Ch. 13.  If the Ch. 13 is a newly filed case, they would probably need to get new relief from stay unless the prior order was "in rem", meaning against the property.  

Answer
Well, technically, I suppose if they filed another ch. 13 then another automatic stay would go into effect, but the judge would slam them pretty hard if they did that.  You (or whoever the creditor is) could get expedited relief from stay and get it against the property to prevent it from happening again.