[CLBS] Automatic Stay

[Tyler S. Wirick]

Client files a Chapter 7 in 2012 and receives a discharge in June 2013 and the case closes normally. Not quite a year later client files a Chapter 13 to catch up on the house. Is a motion necessary to extend the stay beyond 30 days? My thought is that per 362(c)(3)(A) a motion is not required because the prior case ended in a discharge and closure and not a dismissal. Thoughts? 

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
tyler.wirick at wiricklaw.com


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