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Stays? when converting from 13 to 7

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    Stays? when converting from 13 to 7

    I am converting from a year old as yet unconfirmed 13 to 7

    I need to know what my voluntary conversion does to
    1. a pending lift stay motion hearing
    2. appeals pending in the 13 case
    I can't find resources on this conversion area

    I have some legal experience, and have had to run pro se because legal fees & quoted retainers in heavy litigation fighting creditors so far would be several times either the estate assets and income.

    Winning some and losing some I am now in a position of voluntarily converting to 7 - which I qualify for - because the 13 can no longer be confirmed.

    AS a side benefit it is my hope that the conversion will set aside a lift-stay motion hearing.

    #2
    Depends on who's asking for the Motion to Lift Stay.

    If it's a Mortgage Lender or an Auto Lender on a home or car you're in arrears on, could be all you'll buy is 30 days or so, until your next 341. Then the MTLS could be granted after that.

    Same with appeals. Who's appealing what??

    We need more info.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      The stay relief motion probably will continue as planned. Unless, of course, it's a motion for relief from the co-debtor stay, which would be irrelevant since there is no co-debtor stay in Chapter 7.

      What are the appeals about? If they're about issues relevant only to Chapter 13, they'd most likely be dismissed as moot. If the legal issues are related to more generic parts of the bankruptcy code (e.g. Chapters 1, 3, and 5), the appeals would probably continue.
      DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

      Comment

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