[CLBS] motion to maintain stay (frequent filer)

[Cameron Phillips]

Denton--

Take a look at 362(c)(3).  If there was a previous filing within the last
year, and that case was dismissed, then your new filing will have a stay
that expires at the end of thirty days--unless you file a motion to extend
it beyond thirty days and explain why your new case was filed in good faith
(and I suppose why the previous case was not filed in bad   faith--I think
cases often get shot down right out of the box because they are filed pro
se, or by counsel who is maybe not up to the task).

You either have to get the motion heard within the thirty days, or get an
order to preserve the stay until a hearing can be held. .  Don't wait to
set the hearing though, and if you can get on the calendar sooner than the
end of 30 days life is much easier.

Good luck.

Cam Phillips


On Wed, Jan 16, 2013 at 1:06 PM, Denton Andrews <denny at andrewslaw.info>wrote:

> I know Judge Meyers has ruled on these motions in the past. Is there anyone
> with experience in this mine field?
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-- 
Cameron Phillips
Attorney at Law
924 Sherman Ave.
Coeur d'Alene, Idaho  83814

208 667 5437
208 664 2114 FAX

cam at camphillips.com