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Motion To Extend Stay???

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    #1

    Motion To Extend Stay???

    OK... so one of the pitfalls of Pro-Se is that you just don't know what you don't know... With that being said, our 341 was yesterday. It went very well except for the question as to why I have yet to file our Motion to Extend Stay. My answer was that I didn't think I needed to - and am still not sure.

    First off, my previous chapter 13 was dismissed - at my request - last November. I believe I read somewhere that voluntarily dismissed cases are handled differently than those dismissed for non-payment, etc...

    Secondly... the trustee's assistant seemed to suggest that the Motion to Extend was only as it related to secured creditors. None of my secured creditors this time were included in last year's filing, so in my mind there isn't a stay to extend...

    So my questions for all my super-smart buddies...
    1. Do I need to file a Motion to Extend Stay? (voluntary dismissal)
    2. Is it just for the secureds, or all creditors?
    3. What about the fact that none of the secured creditors this time around were on the last filing?

    Thanks, as always!
    7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
    8/18/2009: 341 Meeting of Creditors
    9/28/2009: Confirmation Hearing #1 (Denied)
    10/26/2009: Confirmation Hearing #2
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    #2
    yes you need to file that motion or ALL of your creditors will be able to contact you. When you refile now under the new law, the automatic stay against creditors is not automatic. After 30 days, if you don't file that motion and have it approved by the court, you will be fair game. The new provision was put in to prevent people from filing and refiling just to avoid foreclosures etc and to stave off creditors (filing in bad faith etc)

    And it doesn't matter who was or who wasn't listed. The fact is that you filed previously and it was not discharged, therefore, without the extension of the auto stay, you can be contacted by your creditors.

    In Michigan not all auto stay file extensions are granted either. So be careful filling out your forms.

    Comment

      #3
      Thanks gramma!

      My next question... our 30 days are up in 6 days.

      Looking over the document I need to file and the notices that need to go to the creditors, do I have to give them time to object?

      I don't own a home, but is there any way to protect my cars?
      7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
      8/18/2009: 341 Meeting of Creditors
      9/28/2009: Confirmation Hearing #1 (Denied)
      10/26/2009: Confirmation Hearing #2

      Comment

        #4
        you better hurry and get that motion filed and sent out to creditors. They could come after the cars if you are behind because the stay will not be in place.

        Comment

          #5
          And you have to have it heard by the court within 30 days of your bk petition date.
          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

          Comment

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