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Does the filing of a chapter 7 "stay" a [ post UD Judgment ] Sheriff's eviction?
It's probably a little late for use this time, but Judge Russell in
In Re Tiphany Butler 271 B.R. 867 (2002)took the exact oposite
position from Judge Zurzolo ie Sheriff is stayed even when Petition
filed after UD judgment entered. I faced the issue with Judge Mund a
year and half ago. She concurred with Butler decision. Judge
Greenwald on the other hand sides with Judge Zurzolo.
Mark Jessee
> Anyone...
>
> I just received a call this Thur PM from a client who has been
served an eviction notice [for Monday the 10th] by the Sheriff.
>
> My recollection is that the automatic stay does not "stay" the
eviction process because after the Unlawful Detainer has gone to
judgment agains the Debtor he no longer has the right to stay at the
residence.
>
> Had the Debtor filed a chapter 7 prior to the judgment in the UD
proceeding the automatic stay would have protected the Debtor
[temporarily at least] and the Landlord would have to obtain relief
from the stay to proceed with the UD against the Debtor.
>
> What say you?.....is a Sheriff's post UD trial eviction
notice "stayed" by the filing of a chapter 7
>
> Thanx
>
> John O. Adams, Esq.
> 8383 Wilshire Blvd Ste 919
> Beverly Hills CA 90211
>
> 323.966.5533
> FX 323.658.8948
The post was migrated from Yahoo.
As a BASIC STARTING POINT,
Call the LASO, and speak to a supervisor. Ask this supervisor if it
is the LASO's policy to abide by the Stay or disregard it under your
client's circumstances.
I can say this because I've done this before a couple of times and
can recall that on at least one occasion, I was told that the LASO
would not enforce the "Kick Out" order until the Landlord got RFS.
Again, this is merely a starting point!!!
Ty Takeuchi
wrote:
> MessageThere is a California State Court case, a couple of years
ago, which says the stay doesn't apply if judgment has been
entered. I have always wondered what the bankruptcy courts thought
of that opinion. Jon
> ----- Original Message -----
> To: cdcbaa@yahoogroups.com
> Sent: Friday, May 07, 2004 1:56 PM
> Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a [
post UD Judgment ] Sheriff's eviction?
>
>
> My recollection is that is VZ's Smith decision that he oft cites
in court.
>
> Lou Esbin
> -----Original Message-----
> Sent: Friday, May 07, 2004 11:55 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a
[ post UD Judgment ] Sheriff's eviction?
>
>
> There are conflcting cases on the subject. Several years ago,
VZ wrote an opinion saying no stay to protect "mere possession".
Other judges disagreed and my recollection is that there was a BAP
opinion to the contrary. Not all judges believe in the BAP. Now
this was all several years ago, so the law has certainly developed,
but finding VZ's decision should be a good starting point.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem
> 500 N. Brand Blvd., #460, Glendale, CA 91203
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Personal & small business bankruptcy specialist cert. by
State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
> -----Original Message-----
> Sent: Thursday, May 06, 2004 4:06 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Does the filing of a chapter 7 "stay" a [
post UD Judgment ] Sheriff's eviction?
>
>
> Anyone...
>
> I just received a call this Thur PM from a client who has been
served an eviction notice [for Monday the 10th] by the Sheriff.
>
> My recollection is that the automatic stay does not "stay" the
eviction process because after the Unlawful Detainer has gone to
judgment agains the Debtor he no longer has the right to stay at the
residence.
>
> Had the Debtor filed a chapter 7 prior to the judgment in the
UD proceeding the automatic stay would have protected the Debtor
[temporarily at least] and the Landlord would have to obtain relief
from the stay to proceed with the UD against the Debtor.
>
> What say you?.....is a Sheriff's post UD trial eviction
notice "stayed" by the filing of a chapter 7
>
> Thanx
>
> John O. Adams, Esq.
> 8383 Wilshire Blvd Ste 919
> Beverly Hills CA 90211
>
> 323.966.5533
> FX 323.658.8948
>
>
>
>
>
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The post was migrated from Yahoo.
charset="windows-1251"
MessageThere is a California State Court case, a couple of years ago, which says the stay doesn't apply if judgment has been entered. I have always wondered what the bankruptcy courts thought of that opinion. Jon
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Friday, May 07, 2004 1:56 PM
Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a [ post UD Judgment ] Sheriff's eviction?
My recollection is that is VZ's Smith decision that he oft cites in court.
Lou Esbin
-----Original Message-----
Sent: Friday, May 07, 2004 11:55 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a [ post UD Judgment ] Sheriff's eviction?
There are conflcting cases on the subject. Several years ago, VZ wrote an opinion saying no stay to protect "mere possession". Other judges disagreed and my recollection is that there was a BAP opinion to the contrary. Not all judges believe in the BAP. Now this was all several years ago, so the law has certainly developed, but finding VZ's decision should be a good starting point.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
Tel: 818-507-6000 Fax: 818-507-6800
* Personal & small business bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
-----Original Message-----
Sent: Thursday, May 06, 2004 4:06 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Does the filing of a chapter 7 "stay" a [ post UD Judgment ] Sheriff's eviction?
Anyone...
I just received a call this Thur PM from a client who has been served an eviction notice [for Monday the 10th] by the Sheriff.
My recollection is that the automatic stay does not "stay" the eviction process because after the Unlawful Detainer has gone to judgment agains the Debtor he no longer has the right to stay at the residence.
Had the Debtor filed a chapter 7 prior to the judgment in the UD proceeding the automatic stay would have protected the Debtor [temporarily at least] and the Landlord would have to obtain relief from the stay to proceed with the UD against the Debtor.
What say you?.....is a Sheriff's post UD trial eviction notice "stayed" by the filing of a chapter 7
Thanx
John O. Adams, Esq.
8383 Wilshire Blvd Ste 919
Beverly Hills CA 90211
323.966.5533
FX 323.658.8948
Yahoo! Groups Sponsor
ADVERTISEMENT
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charset="windows-1251"
Message
There is a California State Court case, a
couple of years ago, which says the stay doesn't apply if judgment has
been entered. I have always wondered what the bankruptcy courts thought of
that opinion. Jon
----- Original Message -----
From:
louis.esbinlaw
To: cdcbaa@yahoogroups.com
Sent: Friday, May 07, 2004 1:56 PM
Subject: RE: [cdcbaa] Does the filing of
a chapter 7 "stay" a [ post UD Judgment ] Sheriff's eviction?
My
recollection is that is VZ's Smith decision that he oft cites in
court.
Lou
Esbin
-----Original Message-----From: David A. Tilem
[mailto:DavidTilem@TilemLaw.com] Sent: Friday, May 07, 2004 11:55
AMTo:
The post was migrated from Yahoo.
Dear John,
I had a case similar to yours. Unfortunately, you are
correct. Last year the filing of a BK would have
stayed the eviction. Now, however, the filing of a BK
will NOT stay the eviction if a UD judgment has
already been entered.
Best of luck,
Mark C. Kim
> Anyone...
>
> I just received a call this Thur PM from a client
> who has been served an eviction notice [for Monday
> the 10th] by the Sheriff.
>
> My recollection is that the automatic stay does not
> "stay" the eviction process because after the
> Unlawful Detainer has gone to judgment agains the
> Debtor he no longer has the right to stay at the
> residence.
>
> Had the Debtor filed a chapter 7 prior to the
> judgment in the UD proceeding the automatic stay
> would have protected the Debtor [temporarily at
> least] and the Landlord would have to obtain relief
> from the stay to proceed with the UD against the
> Debtor.
>
> What say you?.....is a Sheriff's post UD trial
> eviction notice "stayed" by the filing of a chapter
> 7
>
> Thanx
>
> John O. Adams, Esq.
> 8383 Wilshire Blvd Ste 919
> Beverly Hills CA 90211
>
> 323.966.5533
> FX 323.658.8948
>
>
>
>
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The post was migrated from Yahoo.
Anyone...
I just received a call this Thur PM from a client who has been served an eviction notice [for Monday the 10th] by the Sheriff.
My recollection is that the automatic stay does not "stay" the eviction process because after the Unlawful Detainer has gone to judgment agains the Debtor he no longer has the right to stay at the residence.
Had the Debtor filed a chapter 7 prior to the judgment in the UD proceeding the automatic stay would have protected the Debtor [temporarily at least] and the Landlord would have to obtain relief from the stay to proceed with the UD against the Debtor.
What say you?.....is a Sheriff's post UD trial eviction notice "stayed" by the filing of a chapter 7
Thanx
John O. Adams, Esq.
8383 Wilshire Blvd Ste 919
Beverly Hills CA 90211
323.966.5533
FX 323.658.8948
Anyone...
I just received a call this Thur PM from a client who has been served an eviction notice [for Monday the 10th] by the Sheriff.
My recollection is that the automatic stay does not "stay" the eviction process because after the Unlawful Detainer has gone to judgment agains the Debtor he no longer has the right to stay at the residence.
Had the Debtor filed a chapter 7 prior to the judgment in the UD proceeding the automatic stay would have protected the Debtor [temporarily at least] and the Landlord would have to obtain relief from the stay to proceed with the UD against the Debtor.
What say you?.....is a Sheriff's post UD trial eviction notice "stayed" by the filing of a chapter 7
Thanx
John O. Adams, Esq.
8383 Wilshire Blvd Ste 919
Beverly Hills CA 90211
323.966.5533
FX 323.658.8948
The post was migrated from Yahoo.