Can a non filing spouse file for emergency chapter 7? 6 Answers as of February 20, 2012
What happens if order granted on motion to lift automatic stay with mention of 362 d 1, 2 & 4? Can a non-filing spouse (California bankruptcy) file for emergency chapter 7 after filing spouse bankruptcy 7 motion to lift automatic stay has been granted?Free Case Evaluation by a Local Lawyer!
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Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, but the case might be subject to review for bad faith.
Answer Applies to: California
Replied: 2/20/2012
Law Office of Larry Webb | Larry Webb
Yes, but depending on what jurisdiction you are in you may have a problem with exemptions. The creditor will likely file the same motion on the new petition and the court just my find bad faith and dismiss the entire petition. Proceed with Caution.
Answer Applies to: California
Replied: 2/17/2012
Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
Probably not. It depends upon what the Order says.
Answer Applies to: California
Replied: 2/17/2012
Diefer Law Group, P.C. | Abel Fernandez
A spouse can file a bankruptcy but a lot of times the creditor will ask for relief as to the property. Thus, the property is not protected even if the other spouse files. You would need to look at the relief of stay to see if it applies to the asset or to the debtor only.
Answer Applies to: California
Replied: 2/17/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
Insufficient information as it depends on everything the order says. Since you cite 11 U.S.C. 362 d4, the order may include as part of the relief any new cases involving the property, so a filing by someone else would have no effect on what is called In Rem relief. Also, filing for the sole purpose of stopping a foreclosure can be viewed as abuse and subject you to sanctions.
Answer Applies to: California
Replied: 2/17/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Either spouse can file their own petition. It would be unwise to file a bankruptcy for the purpose of delay.
Answer Applies to: California
Replied: 2/17/2012
