Automatic stay for multiple chapter 13 filings
Something that has changed since 1999, is that there is a limit to the effect of the stay with serial filings. If it is the second filing in a year, the stay expires after 30 days, unless the debtor successfully moves to extend the stay (I've seen these be granted, and denied depending on the circumstances). The third time within a year and you have to get the stay imposed. As far as the creditor end of things, even if there is technically no stay, it doesn't hurt to do a motion to confirm the nonexistence of a stay. I am interested in locating foreclosed homes for possible rental or purchase by my family. I know there is a list online that is free and does not require contact with a RE broker, but cannot remember what it is. Of course, it shouldn't be a surprise if the debtor moves to extend or impose the stay in which case the lender just needs to oppose that motion. If they have a legitimate reason to get the stay imposed (ie they will actually make plan payments and get current on the mortgage via the plan), then the motion will likely be granted, if it is likely a stall tactic and it's apparent to the court that it is a stall tactic and no payments are being made etc, the debtor's motion won't be granted (and usually the trustee will object to the motion if that's the case). I think it's a lot harder for a debtor to get a stay imposed than to extend the stay, given that there is less likelihood that it is a good faith filing. Check the local court website. Most have a overview of unlawful detainer procedures the check the box judicial forms. Make sure tenant gets served proper notice.(CCP 1161 et seq). Also, an unlawful detainer is limited to 12 months of back rent. A separate aciton is required for rent over a year. Most likely tenant will not respond to UD complaint and you can get a default judgment for possession.
