Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

NJ BANKRUPTCY LAW: I own a rental property and my tenant

NJ BANKRUPTCY LAW: I own a...
NJ BANKRUPTCY LAW:
I own a rental property and my tenant filed Bankruptcy Chp 13 on 1/13/17 - Bankruptcy was Dismissed on 5/15/17 - A motion to Reinstate Bankruptcy was filed on 5/17/17 with Hearing on 6/6/17 - QUESTION = Can I file a Motion for Relief from Automatic Stay on 5/23/17 (in case the Reinstatement is allowed) or Do I have to wait until 6/6/17 after the Reinstatement is Order by Court?
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 34 minutes by:
5/22/2017
legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10,945
Experience: General Practitioner
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Bankruptcy Law Question

If the case was dismissed there is no property in the estate until the motion to reinstate is granted; here is case law that discusses this issue;
http://www.arb.uscourts.gov/orders-rules-opinions/opinions/taylor/Searcy.pdf

Related to the reinstatement of the case, the debtors are asking the Court to apply the automatic stay retroactively to either the date of the entry of the order of dismissal, or the filing of the motion to reinstate. This relief is not available to the debtors. The bankruptcy code provides that the automatic stay of an act against property of the estate continues until the property is no longer property of the estate. 11 U.S.C. § 362(c)(1). Upon dismissal of a case, property of the estate revests in the entity in which such property was vested immediately before the case commenced, and is no longer property of the estate. 11 U.S.C. § 349(b)(3). Likewise, the automatic stay of an act against the debtor or property of the debtor continues until the earlier of the time the case is closed, dismissed, or a discharge is granted or denied. 11 U.S.C. § 362(c)(2). Therefore, when this case was dismissed, the automatic stay was terminated. When a case is reinstated, the automatic stay is also reinstated. However, reinstating the case does not retroactively reinstate the automatic stay during the period of time the case was dismissed with respect to creditor conduct that occurred between the dismissal and the reinstatement. See In re Hill, 305 B.R. 100, 104-06 (Bankr. M.D. Fla. 2003) (citing numerous cases in support). Although the bankruptcy code permits the court to retroactively grant a relief from stay by annulling the stay, there is no authority that permits the court to retroactively impose a stay

The court goes on to discuss the options (page 4, bottom) that the debtors could have taken;

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10,945
Experience: General Practitioner
Verified
legalg and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask legalg Your Own Question
legalg
legalg
legalg, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10,945
10,945 Satisfied Customers
Experience: General Practitioner

legalg is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,672 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I filled for bankruptcy that was discharged on March 24,
I filled for bankruptcy that was discharged on March 24, 2017. Then I got a medical bill that was not included in the list of creditors during the bankruptcy process. Since this bill was incurred befo… read more
legalg
legalg
Attorney
10,945 satisfied customers
We have an In-house financing car company and sell vehicles
We have an In-house financing car company and sell vehicles and carry the loan. We just received a document that the customer filed chapter 7 bankruptcy. The hearing is next month. What can we do, if … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Can you file a chapter 11 after your property has been
Can you file a chapter 11 after your property has been auctioned ? My state is a 30 day right of redemption period. Please do not answer if you are not a Bankruptcy Attorney… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,672 satisfied customers
I have just be terminated by my employer and when initially
I have just be terminated by my employer and when initially hired (12/08) had negotiated a 6 month severance and a fixed minimum bonus for my first year. The employer filed bankruptcy (Chapter 11) in … read more
socrateaser
socrateaser
1,031 satisfied customers
I am considering filing a chapter 7 personal bankruptcy. I
I am considering filing a chapter 7 personal bankruptcy. I know some years ago there were some changes in the bankruptcy laws. What I need to know, first of all, is how much money can be retained in a… read more
legalg
legalg
Attorney
10,945 satisfied customers
Case and I lost motion and the creditor won the relief of
case and I lost motion and the creditor won the relief of stay and I filed a appeal within the 14 days that was allowed per bankruptcy code I appealed to the us bankruptcy district court i received de… read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
I hope this is not too complicated. Facts below: I had
I hope this is not too complicated. Facts below: I had several bad deals happen in business where I was a gurantor on the notes. The liens filed are in the millions. The is no possibility that they wi… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
Husband and wife is separated, My wife is going to file a
Husband and wife is separated, My wife is going to file a chapter 7 bankruptcy, When we file our 2008 taxes should we file married -filing jointly or married - not filing jointly separate household or… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers
Does the statute 52 321a apply to bankruptcy? Also will my
Does the statute 52 321a apply to bankruptcy? Also will my employer or HSA bank be notified when I file chapter 13 assuming the HSA funds are not exempt?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
843 satisfied customers
Can a non-filing spouse who was an independent contractor
Can a non-filing spouse who was an independent contractor (office staff/manager/bookkeeper/all duties) for a debtor's LLC be considered an insider for preferential payments?… read more
legalg
legalg
Attorney
10,945 satisfied customers
Person was forced in involuntary bankruptcy which was
Person was forced in involuntary bankruptcy which was granted in 2014. This person has not filed any schedules, the government has all his business and personal records and he plead the 5th during the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Do you have corporate bankrupcy attorneybtgat can answer a
Do you have corporate bankrupcy attorneybtgat can answer a question for me. Once a company files chapter 11 and the creditors have been notified the company cannot be sold unless a reorganization plan… read more
socrateaser
socrateaser
1,031 satisfied customers
I have income from 100% va disability and ssdi. Are these
I have income from 100% va disability and ssdi. Are these considered income in bankruptcy … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
I filed a chapter 13 bankruptcy petition in the district of
I filed a chapter 13 bankruptcy petition in the district of Connecticut. It was converted to asset case under chapter 7. The trustee filed a "notice of pendency of bankruptcy case" on the land records… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can the automatic stay in a chapter 7 bankruptcy force a
Can the automatic stay in a chapter 7 bankruptcy force a creditor to refund money that was collected just 2 weeks before the bankruptcy was filed?… read more
socrateaser
socrateaser
1,031 satisfied customers
A person files ch 11 in the 10th circuit. He lists as an
A person files ch 11 in the 10th circuit . He lists as an asset his wholly owned company which is in the 2nd circuit It is a a Single member llc which wholly owns a valuable tribeca loft building a in… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,498 satisfied customers
In the Utah code you sent me it states: 75-7-501 Rights of
In the Utah code you sent me it states: 75-7-501 Rights of beneficiary's creditor or assignee. "To the extent a beneficiary's interest is not protected by a spendthrift provision or Section 25-6-14, t… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
Does it matter which chapter of the BK code is used when
Does it matter which chapter of the BK code is used when assessing the statute of limitations issue?… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x