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Violation of stay
charset="windows-1251"
You can hold the creditor responsible. There is a recent case - I don't
have the name, but within the last 2 months, which says creditors have
affirmative duty to prevent ongoing stay violations. Query whether costs
are worth the gains.
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.
Jonathan
Sent: Friday, February 26, 2010 8:14 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Violation of Stay
I am looking for sugestions on how to solve the following problem.
I have a client that works for LAUSD. We filed her chapter 7 without issues.
She had a pending suit against her with wage garnishment. I notified the
plaintiff about the suit. They filed to withdraw the suit from superior
court. HOWEVER< they never notified the sherrif's dept or the schoold
district. As a result my client had two of her checks garnished for $900.
per check. I contacted the Sheriif's department and they said it takes 3 - 4
months to return the money.
Any sugestions on how to get my client's money back in a timely manner.
Should I hold the original plaintiff accountable for violating the stay?
Any and all suggestions would be greatly appreciated.
Jonathan Leventhal
charset="windows-1251"
Message
You can hold the creditor
responsible. There is a recent case - I don't have the name, but within
the last 2 months, which says creditors have affirmative duty to prevent ongoing
stay violations. Query whether costs are worth the
gains.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
FRCP 62 is 14 days now.
On Fri, Feb 26, 2010 at 6:30 AM, Catherine Christiansen wrote:
>
>
> The issues that pop up are State and Federal Court remedies - Wrongful
> Foreclosure action - Standing issue with party that foreclosed. Unless
> debtor can show that he/she was current, there was equity or the residence
> was necessary for reorganization the court had jdx to grant the MRS. You
> may be able to submit a Motion to Reconsider if it is within 10 days of the
> MRS Order and challenge standing. One last thing, don't take the case
> unless Debtor can pay you for your services.
>
> Law Office of Catherine Christiansen
> 1077 E Pacific Coast Hwy #210
> Seal Beach, CA, 90740
> Tel: (562) 361-8721
> Fax: (562) 490-8572
> attorneychristiansen@gmail.com
> This e-mail is private and confidential and is intended solely for
> therecipient(s) named or otherwise identified herein. If you are notnamed
> or otherwise identified as an intended recipient, please deletethis e-mail
> message and any copies thereof and immediately notify theLaw Offices of
> Catherine Christiansen by e-mail or by telephone (562)608-8368.**
> Representation Note: If you have not signed a contract of
> representation, Christiansen Law Offices does not representyou, and this
> email does not contain any legal advice for you.
>
>
> --- On *Thu, 2/25/10, Delmas * wrote:
>
>
> Subject: [cdcbaa] Violation of Stay
> To: cdcbaa@yahoogroups.com
> Date: Thursday, February 25, 2010, 4:50 PM
>
>
>
> Debtor files an emergency 13 petition as pro se debtor approx 2 hours
> before the Trustee sale. Fax and verbal notice of filing is given to the
> company who is holding the sale prior to the sale. Sale goes forward.
> Company later files motion for relief and to validate the sale. Pro se
> debtor fails to oppose motion and relief is granted.
>
> 1. Can debtor seek damages against company for violation of stay?
> 2. Can debtor void the sale despite the motion for relief?
> 3. Does debtor have any recourse against new owner?
>
>
> Delmas A. Woods
> Law Offices of Delmas Woods
> 3660 Wilshire Blvd., Suite 1104
> Los Angeles, CA 90010
> 213.387.7100 fx 213.387.7101
>
>
>
>
>
Daniela P. Romero
Law Office of Daniela Romero, APLC
1015 N. Lake Ave., Ste. 115
Pasadena, CA 91104
Telephone:626-817-2611
Facsimile: 626-628-1781
email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein
is confidential, privileged & exempt from disclosure under applicable law.
This E-mail (including attachments) are intended solely for the use of the
addressee hereof. If you are not the intended recipient of this message,
you are prohibited from reading, disclosing, reproducing, distributing,
disseminating, or otherwise using this transmission. The originator of this
e-mail and its affiliates do not represent, warrant or guarantee that the
integrity of this communication has been maintained or that this
communication is free of errors, viruses or other defects. Delivery of this
message or any portions herein to any person other than the intended
recipient is not intended to waive any right or privilege. If you have
received this message in error, please promptly notify the sender by e-mail
and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal
tax issues in this e-mail was not intended or written to be used, and cannot
be used by you, (i) to avoid any penalties imposed under the Internal
Revenue Code or (ii) to promote, market or recommend to another party any
transaction or matter addressed herein.
FRCP 62 is 14 days now.On Fri, Feb 26, 2010 at 6:30 AM, Catherine Christiansen <christiansenlaw@yahoo.com> wrote:
The issues that pop up are State and Federal Court remedies - Wrongful Foreclosure action - Standing issue with party that foreclosed. Unless debtor can show that he/she was current, there was equity or the residence was necessary for reorganization the court had jdx to grant the MRS. You may be able to submit a Motion to Reconsider if it is within 10 days of the MRS Order and challenge standing. One last thing, don't take the case unless Debtor can pay you for your services.
Law Office of Catherine Christiansen1077 E Pacific Coast Hwy #210Seal Beach, CA, 90740Tel: (562) 361-8721
Fax: (562) 490-8572attorneychristiansen@gmail.comThis e-mail is private and confidential and is intended solely for therecipient(s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.
Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not
contain anylegal advicefor you.--- On Thu, 2/25/10, Delmas <dawood3@aol.com> wrote:
lmas <dawood3@aol.com>Subject: [cdcbaa] Violation of StayTo: cdcbaa@yahoogroups.com
Date: Thursday, February 25, 2010, 4:50 PM
Debtor files an emergency 13 petition as pro se debtor approx 2 hours before the Trustee sale. Fax and verbal notice of filing is given to the company who is holding the sale prior to the sale. Sale goes forward. Company later files motion for relief and to validate the sale. Pro se debtor fails to oppose motion and relief is granted.
1. Can debtor seek damages against company for violation of stay?
2. Can debtor void the sale despite the motion for relief?
3. Does debtor have any recourse against new owner?
Delmas A. Woods
Law Offices of Delmas Woods
3660 Wilshire Blvd., Suite 1104
Los Angeles, CA 90010
213.387.7100 fx 213.387.7101
-- Daniela P. RomeroLaw Office of Daniela Romero, APLC1015 N. Lake Ave., Ste. 115Pasadena, CA 91104Telephone:626-817-2611Facsimile: 626-628-1781email: dromerolaw@gmail.com
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. The information herein is confidential, privileged & exempt from disclosure under applicable law. This E-mail (including attachments) are intended solely for the use of the addressee hereof. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating, or otherwise using this transmission. The originator of this e-mail and its affiliates do not represent, warrant or guarantee that the integrity of this communication has been maintained or that this communication is free of errors, viruses or other defects. Delivery of this message or any portions herein to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by e-mail and immediately delete this message.
To comply with IRS regulations, we advise you that any discussion of Federal tax issues in this e-mail was not intended or written to be used, and cannot be used by you, (i) to avoid any penalties imposed under the Internal Revenue Code or (ii) to promote, market or recommend to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
I am looking for sugestions on how to solve the following problem.
I have a client that works for LAUSD. We filed her chapter 7 without issues. She had a pending suit against her with wage garnishment. I notified the plaintiff about the suit. They filed to withdraw the suit from superior court. HOWEVER< they never notified the sherrif's dept or the schoold district. As a result my client had two of her checks garnished for $900. per check. I contacted the Sheriif's department and they said it takes 3 - 4 months to return the money.
Any sugestions on how to get my client's money back in a timely manner. Should I hold the original plaintiff accountable for violating the stay?
Any and all suggestions would be greatly appreciated.
Jonathan Leventhal
The post was migrated from Yahoo.
charset="windows-1251"
Depends on the terms of the Court's relief from stay order.
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.
dawood3@aol.com
Sent: Thursday, February 25, 2010 4:20 PM
To: undisclosed-recipients:
Subject: [cdcbaa] Violation of stay
Debtor files an emergency 13 petition as pro se debtor approx 2 hours before
the Trustee sale. Fax and verbal notice of filing is given to the company
who is holding the sale prior to the sale. Sale goes forward. Company
later files motion for relief and to validate the sale. Pro se debtor fails
to oppose motion and relief is granted.
1. Can debtor seek damages against company for violation of stay?
2. Can debtor void the sale despite the motion for relief?
3. Does debtor have any recourse against new owner?
Delmas A. Woods
Law Offices of Delmas Woods
3660 Wilshire Blvd., Suite 1104
Los Angeles, CA 90010
213.387.7100 fx 213.387.7101
charset="windows-1251"
Message
Depends on the terms of the
Court's relief from stay order.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
The issues that pop up are State and Federal Court remedies - Wrongful Foreclosure action - Standing issue with party that foreclosed. Unless debtor can show that he/she was current, there was equity or the residence was necessary for reorganization the court had jdx to grant the MRS. You may be able to submit a Motion to Reconsider if it is within 10 days of the MRS Order and challenge standing. One last thing, don't take the case unless Debtor can pay you for your services.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for therecipient(s) named or otherwise identified herein. If you are notnamed or otherwise identified as an intended recipient, please deletethis e-mail message and any copies thereof and immediately notify theLaw Offices of Catherine Christiansen by e-mail or by telephone (562)608-8368.Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not representyou, and this email does not contain anylegal advicefor you.
The post was migrated from Yahoo.
Debtor files an emergency 13 petition as pro se debtor approx 2 hours before the Trustee sale. Fax and verbal notice of filing is given to the company who is holding the sale prior to the sale. Sale goes forward. Company later files motion for relief and to validate the sale. Pro se debtor fails to oppose motion and relief is granted.
1. Can debtor seek damages against company for violation of stay?
2. Can debtor void the sale despite the motion for relief?
3. Does debtor have any recourse against new owner?
Delmas A. Woods
Law Offices of Delmas Woods
3660 Wilshire Blvd., Suite 1104
Los Angeles, CA 90010
213.387.7100 fx 213.387.7101
The post was migrated from Yahoo.
Debtor files an emergency 13 petition as pro se debtor approx 2 hours before the Trustee sale. Fax and verbal notice of filing is given to the company who is holding the sale prior to the sale. Sale goes forward. Company later files motion for relief and to validate the sale. Pro se debtor fails to oppose motion and relief is granted.
1. Can debtor seek damages against company for violation of stay?
2. Can debtor void the sale despite the motion for relief?
3. Does debtor have any recourse against new owner?
Delmas A. Woods
Law Offices of Delmas Woods
3660 Wilshire Blvd., Suite 1104
Los Angeles, CA 90010
213.387.7100 fx 213.387.7101
Debtor files an emergency 13 petition as pro se debtor approx 2 hours before the Trustee sale. Fax and verbal notice of filing is given to the company who is holding the sale prior to the sale. Sale goes forward. Company later files motion for relief and to validate the sale. Pro se debtor fails to oppose motion and relief is granted.
1. Can debtor seek damages against company for violation of stay?
2. Can debtor void the sale despite the motion for relief?
3. Does debtor have any recourse against new owner?
Delmas A. Woods
Law Offices of Delmas Woods
3660 Wilshire Blvd., Suite 1104
Los Angeles, CA 90010
213.387.7100 fx 213.387.7101
The post was migrated from Yahoo.