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Does the filing of a chapter 7 "stay" a [ post UD
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My recollection is that is VZ's Smith decision that he oft cites in
court.
Lou Esbin
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.
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
The post was migrated from Yahoo.
The Ben Lee case, post judgment automatic stay does not apply, as I
recollect, but depends on Judge.
Charles Shamash, Esq.
Caceres & Shamash, LLP
8383 Wilshire Boulevard, Suite 1010
Beverly Hills, CA 90211-2409
Phone: (323) 852-1600 X 101
Facsimile: (323) 852-9009
Sent: Thursday, May 06, 2004 3:06 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
The post was migrated from Yahoo.