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362(b)(22) and 362(l) motion for relief from stay?
Whiting Pools. Any version of the AWHFY book lists the Supreme Court cases
including this one.
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.
Dennis McGoldrick
Sent: Friday, November 05, 2010 5:44 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] 362(b)(22) and 362(l) motion for relief from stay?
windmill farms or whiting pool, it's one of the W cases. Code is CC 1179
The post was migrated from Yahoo.
There are cases which say that expiration of 3 day notice terminates lease
so no lease left to assume. There is also a Civil Code section which allows
revival so long as LL has not reacquired possession.
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.
Jason Wallach
Sent: Thursday, November 04, 2010 9:37 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] 362(b)(22) and 362(l) motion for relief from stay?
Debtor is an individual with a business office rented in a commercial
building. Chapter 7.
Landlord had given 3 day notice, and rent was not paid. No UD proceeding was
filed before the petition.
LL has now filed a motion on form 4001-1M.UD which is called "MOTION FOR
RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC
STAY DOES NOT APPLY UNDER 11 USC 362(l)"
Section 362(l) which is a clarification of (b)(22) doesn't apply because it
is not residential property.
So, is this the right form for the LL to have filed? All there is is a
rental default, no UD judgment.
The form does say that cause exists under 362(d)(2)(A) and (B).
Am I misdirecting myself by focusing on the 362(l) issue?
Any comments or suggestions?
Thanks.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
Message
There are cases which say
that expiration of 3 day notice terminates lease so no lease left to
assume. There is also a Civil Code section which allows revival so long as
LL has not reacquired possession.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Judge will likely consider noticeappropriate and may look beyond the caption
todetermine relief under362(d)(2). I wouldopposethanrely only on thechance that motion get bumped dueto use of that
particular form.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH
IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL
AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE
IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT
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IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thu, November 4, 2010 9:37:29 AM
Subject: [cdcbaa] 362(b)(22) and 362(l) motion for relief from stay?
Debtor is an individual with a business office rented in a commercial building.
Chapter 7.
Landlord had given 3 day notice, and rent was not paid. No UD proceeding was
filed before the petition.
LL has now filed a motion on form 4001-1M.UD which is called "MOTION FOR RELIEF
FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT
APPLY UNDER 11 USC 362(l)"
Section 362(l) which is a clarification of (b)(22) doesn't apply because it is
not residential property.
So, is this the right form for the LL to have filed? All there is is a rental
default, no UD judgment.
The form does say that cause exists under 362(d)(2)(A) and (B).
Am I misdirecting myself by focusing on the 362(l) issue?
Any comments or suggestions?
Thanks.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
Judge will likely consider notice appropriate and may look beyond the caption to determine relief under 362(d)(2). I would oppose re 362(d)(2) rather than rely only on the chance that motion get bumped due to use of that particular form. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Jason Wallach <jwallach@gladstonemichel.com>To: cdcbaa@yahoogroups.comSent: Thu, November 4, 2010 9:37:29 AMSubject: [cdcbaa] 362(b)(22) and 362(l) motion for relief from stay?
Debtor is an individual with a business office rented in a commercial building. Chapter 7.Landlord had given 3 day notice, and rent was not paid. No UD proceeding was filed before the petition.LL has now filed a motion on form 4001-1M.UD which is called "MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 USC 362(l)"Section 362(l) which is a clarification of (b)(22) doesn't apply because it is not residential property.So, is this the right form for the LL to have filed? All there is is a rental default, no UD judgment.The form does say that cause exists under 362(d)(2)(A) and (B). Am I misdirecting myself by focusing on the 362(l) issue?Any comments or suggestions?Thanks.Jason-- JASON WALLACH, ESQ.Gladstone Michel Weisberg Willner & Sloane, ALC4551 Glencoe Avenue, Suite 300Marina del Rey CA
90292-7925Tel: (310) 821-9000Direct: (310) 775-8725Fax: (310) 775-8775Email: jwallach@
The post was migrated from Yahoo.
Debtor is an individual with a business office rented in a commercial building. Chapter 7.
Landlord had given 3 day notice, and rent was not paid. No UD proceeding was filed before the petition.
LL has now filed a motion on form 4001-1M.UD which is called "MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 USC 362(l)"
Section 362(l) which is a clarification of (b)(22) doesn't apply because it is not residential property.
So, is this the right form for the LL to have filed? All there is is a rental default, no UD judgment.
The form does say that cause exists under 362(d)(2)(A) and (B).
Am I misdirecting myself by focusing on the 362(l) issue?
Any comments or suggestions?
Thanks.
Jason
JASON WALLACH, ESQ.
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292-7925
Tel: (310) 821-9000
Direct: (310) 775-8725
Fax: (310) 775-8775
Email: jwallach@ gladstonemichel.com
www. gladstonemichel.com
The post was migrated from Yahoo.