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Timing of foreclosure sale vs. petition filing
That is what I had trouble with back in 2007, I wrote a letter to the supervisorat the recorders office, butnever needed to followup on that matter after UST waived the requirement based upon the two rejection slips received from the recorder's office..
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We have been recording the 3 page petition with a cover page added by the
Clerk's office when they certify it.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Henry Toles
Sent: Friday, February 20, 2009 11:22 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Timing of foreclosure sale vs. petition filing
What I have been doing for my clients, is printing a copy of the Notice
available re: Web Pacer after I file the case. This documents has the seal
and case number on it. If needed, I suspect that document could be
recoreded.
_____
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What I have been doing for my clients, is printing a copy of the Notice
available re: Web Pacer after I file the case. This documents has the seal
and case number on it. If needed, I suspect that document could be
recoreded.
_____
The post was migrated from Yahoo.
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Our office has recorded certified copies of numerous Chapter 11 Petitions
(three this past week) and they've all been accepted by the L.A. County
Recorder.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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_____
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There is now longerpetition "cover-page" showing case number. The last time I tried to record a petition in Chapter 11 the county recorded kicked it and ultimately the UST waived the requirement.
What have you been recording?
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We are in a race/notice jurisdiction. Get a certified copy of the petition
recorded asap.
This should not be necessary because of Sect. 544, but apparently it is due
to caselaw.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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Not certain on answer, but keep in mind that thepurchaser at sale has to record the 'trustee's deed upon sale'. If you file before the recordation, I would hope that the automatic stay would stop title from transferring,and title would remain in the estate.
15355 Brookhurst St., Suite 202
Westminster, CA 92683
714-418-9735
714-418-9738 (fax)
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, February 17, 2009 3:52:12 PM
Subject: [cdcbaa] Timing of foreclosure sale vs. petition filing
I just got asked this by a colleague, and should know the answer, but for
some reason don't:
Is the automatic stay retroactive to the beginning of the day on which the
petition is filed, or is it really down to the exact minute and second?
The facts in this particular case involve a foreclosure sale which took
place 20 minutes prior the filing of the bankruptcy case.
************ ********* ****
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw. com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
NOTICE: This Electronic Message contains information from the law office of
Mark J. Markus that may be privileged. The information is intended for the
use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used,
and cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed in this communication.
Not certain on answer, but keep in mind that the purchaser at sale has to record the 'trustee's deed upon sale'. If you file before the recordation, I would hope that the automatic stay would stop title from transferring, and title would remain in the estate. Law Office of Jeffrey A. Cancilla & Associates15355 Brookhurst St., Suite 202Westminster, CA 92683714-418-9735714-418-9738 (fax)
From: Mark J. Markus <bklawr@yahoo.com>To: cdcbaa@yahoogroups.comSent: Tuesday, February 17, 2009 3:52:12 PMSubject: [cdcbaa] Timing of foreclosure sale vs. petition filing
I just got asked this by a colleague, and should know the answer, but forsome reason don't:Is the automatic stay retroactive to the beginning of the day on which thepetition is filed, or is it really down to the exact minute and second?The facts in this particular case involve a foreclosure sale which tookplace 20 minutes prior the filing of the bankruptcy case.************ ********* ****Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173 (818)509-1460 (fax)Toll Free: 1-866-576-6275web: http://www.bklaw. com/This Firm is a Qualified Federal Debt Relief Agency (see what this means athttp://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies-
definition/)____________ _________ _________ _________ _________NOTICE: This Electronic Message contains information from the law office ofMark J. Markus that may be privileged. The information is intended for theuse of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message isprohibited.IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe IRS, we inform you that any U.S. tax advice contained in thiscommunication (or in any attachment) is not intended or written to be used,and cannot be used, for the purpose of (i) avoiding penalties under theInternal Revenue Code or (ii) promoting, marketing or recommending toanother party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.
I just got asked this by a colleague, and should know the answer, but for
some reason don't:
Is the automatic stay retroactive to the beginning of the day on which the
petition is filed, or is it really down to the exact minute and second?
The facts in this particular case involve a foreclosure sale which took
place 20 minutes prior the filing of the bankruptcy case.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
The post was migrated from Yahoo.