.jpg)
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Automatic Stay
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The post was migrated from Yahoo.
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The post was migrated from Yahoo.
Shannon:
Most cases don't allow a second auto stay.
So, I would not move to vacate discharge
D
Sent from my iPhone
> On Apr 20, 2017, at 10:19 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
> Ok, so the stay is not in effect but the bankruptcy court still has jurisdiction to rule on a motion to avoid lien (discharge issued but case still open). So does the pending motion to avoid lien prevent the lien creditor from going to sale? These facts have a lien creditor with a scheduled sheriffs sale two weeks after the motion to avoid lien hearing. We anticipate the motion to avoid lien to be contested and likely continued beyond the sale date which of course we dont want to happen.
>
>
>
> Does it make sense to vacate the discharge for purposes of reinstating the stay until the motion to avoid lien is resolved?
>
>
>
>
>
>
>
> Shannon A. Doyle
>
> Attorney | Virtual Bankruptcy Assistant
>
> Phone: 855-378-4080
>
> Fax: 562-249-8435
>
> Licensed in California
>
>
>
>
>
>
>
>
>
> Sent: Wednesday, April 19, 2017 11:14 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] RE: Automatic Stay
>
>
>
>
>
> See 362(c)
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist Since 1997
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
> Toll Free: 888-BK PRO 4U (888-257-7648)
>
> www.TilemLaw.com
>
>
>
>
>
>
>
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange and correct this transmission.
>
>
>
> Sent: Wednesday, April 19, 2017 11:08 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Automatic Stay
>
>
>
>
>
> Does the stay remain in effect in a Chapter 7 after discharge but before closing?
>
>
>
>
>
>
>
> Shannon A. Doyle
>
> Attorney | Virtual Bankruptcy Assistant
>
> Phone: 855-378-4080
>
> Fax: 562-249-8435
>
> Licensed in California
>
>
>
>
>
>
>
>
>
>
>
Most cases don't allow a second auto stay.DSent from my iPhoneOn Apr 20, 2017, at 10:19 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Ok, so the stay is not in effect but the bankruptcy court still has jurisdiction to rule on a motion to avoid lien (discharge issued but case still open). So does the pending
motion to avoid lien prevent the lien creditor from going to sale? These facts have a lien creditor with a scheduled sheriffs sale two weeks after the motion to avoid lien hearing. We anticipate the motion to avoid lien to be contested and likely continued
beyond the sale date which of course we dont want to happen.
Does it make sense to vacate the discharge for purposes of reinstating the stay until the motion to avoid lien is resolved?
<image001.jpg>
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone: 855-378-4080
Fax: 562-249-8435
Licensed in California
The post was migrated from Yahoo.
Under Section 362(c)(1), the stay on estate assets continues until the case
is closed unless the property stops being an estate asset, such as through
the effect of an exemption or if debtor has been dismissed (since 349
revests the property in the debtor, i.e., it is no longer estate
property). Otherwise, I do not know that vacating the discharge would
reimpose the stay. My recollection is that case law states that once the
stay is gone, it can only be reimposed by adversary proceeding.
On Thu, Apr 20, 2017 at 10:19 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Ok, so the stay is not in effect but the bankruptcy court still has
> jurisdiction to rule on a motion to avoid lien (discharge issued but case
> still open). So does the pending motion to avoid lien prevent the lien
> creditor from going to sale? These facts have a lien creditor with a
> scheduled sheriffs sale two weeks after the motion to avoid lien hearing.
> We anticipate the motion to avoid lien to be contested and likely continued
> beyond the sale date which of course we dont want to happen.
>
>
>
> Does it make sense to vacate the discharge for purposes of reinstating the
> stay until the motion to avoid lien is resolved?
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image: http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... google.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... /email.png]
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, April 19, 2017 11:14 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] RE: Automatic Stay
>
>
>
>
>
> See 362(c)
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
> [image: square-facebook-24] [image:
> square-twitter-24] [image:
> square-linkedin-24]
> [image:
> square-google-plus-24]
>
>
>
>
> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, April 19, 2017 11:08 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Automatic Stay
>
>
>
>
>
> Does the stay remain in effect in a Chapter 7 after discharge but before
> closing?
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
>
>
> [image: http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... witter.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... google.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png]
> [image:
> http://pcmweb.net/devglobal/emaildev/eB ... /email.png]
>
>
>
>
>
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
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intended only for the use of the individual or entity named. If the reader
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dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
Under Section 362(c)(1), the stay on estate assets continues until the case is closed unless the property stops being an estate asset, such as through the effect of an exemption or if debtor has been dismissed (since 349 revests the property in the debtor, i.e., it is no longer estate property). Otherwise, I do not know that vacating the discharge would reimpose the stay. My recollection is that case law states that once the stay is gone, it can only be reimposed by adversary proceeding.On Thu, Apr 20, 2017 at 10:19 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Ok, so the stay is not in effect but the bankruptcy court still has jurisdiction to rule on a motion to avoid lien (discharge issued but case still open). So does the pending
motion to avoid lien prevent the lien creditor from going to sale? These facts have a lien creditor with a scheduled sheriffs sale two weeks after the motion to avoid lien hearing. We anticipate the motion to avoid lien to be contested and likely continued
beyond the sale date which of course we dont want to happen.
Does it make sense to vacate the discharge for purposes of reinstating the stay until the motion to avoid lien is resolved?
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone: 855-378-4080
Fax: 562-249-8435
Licensed in California
The post was migrated from Yahoo.
It remains in effect as to actions against property of the estate
until the case is closed. See 362(c).
On 4/19/2017 11:08 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Does the stay remain in effect in a Chapter 7 after discharge but
> before closing?
>
> New Professional Pic2
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080*
>
> *Fax: 562-249-8435*
>
> *Licensed in California*
>
> PetitionPartnD05bR08aP01ZL-Madison8a
> **
>
> http://pcmweb.net/devglobal/emaildev/eB ... img/fb.png
> http://pcmweb.net/devglobal/emaildev/eB ... witter.png
> http://pcmweb.net/devglobal/emaildev/eB ... google.png
> http://pcmweb.net/devglobal/emaildev/eB ... nkedin.png
> http://pcmweb.net/devglobal/emaildev/eB ... /email.png
>
>
>
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
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.
The post was migrated from Yahoo.
No. the stay is lifted after discharge.
best regards
roland
On 4/19/2017 11:08 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com
[cdcbaa] wrote:
>
> Does the stay remain in effect in a Chapter 7 after discharge but
> before closing?
>
>
>
>
Roland Kedikian, Esq.
Bankruptcy Attorney
220 S. Kenwood St. Ste 310
Glendale CA 91205
818 409 8911
http://www.KedikianLaw.com/
The post was migrated from Yahoo.
See 362(c)
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
[square-facebook-24] [square-twitter-24] [square-linkedin-24] [square-google-plus-24]
[cid:image005.png@01D0C939.A54B78D0] [cid:image006.png@01D0C939.A54B78D0] [SL] [AVVO] [av]
The pages comprising this transmission may contain CONFIDENTIAL INFORMATION from Law Offices of David A. Tilem. This information is intended solely for use by the individual or entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange and correct this transmission.
The post was migrated from Yahoo.
The automatic stay does not prohibit actions against non debtors except
in unusual circumstances where there is such identity between debtor
and non debtor that a judgment against the non debtor is effectively a
judgment against debtor, like absolute indemnity, or an immediate
adverse economic consequence for debtor's estate.
Disclaimer
Although the above response is believed to be accurate, it should not be
relied upon as any type of legal advice because the information provided is
incomplete. It is intended to educate the reader and a more definite
answer should be based on a consultation with a lawyer. No attorney client
relation is formed with me without a written contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
Attorney
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Former financial auditor and controller. Admitted to US Tax Court, IncomeTax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estateand Gift tax returns
message dated 8/5/2010 8:14:50 P.M. Pacific Daylight Time,
listserv.inbox@gmail.com writes:
After being sued by Plaintiff in state court, Debtor filed chapter 7
bankruptcy, and state court suit was stayed. Must Plaintiff seek
relief from stay before filing an amended complaint in state court
suit naming additional defendants?
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
The automatic stay does not prohibit actions against
non debtors except
in unusual circumstances where there is such identity
between debtor
and non debtor that a judgment against the non debtor
is effectively a
judgment against debtor, like absolute indemnity, or
an immediate
adverse economic consequence for debtor'sestate.
Disclaimer
Although the above response
is believed to be accurate, it should not be relied upon as any type of legal
advice because the information provided is incomplete. It is intended to educate the reader and
a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without
a written contract.
Good
Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
Attorney
<>17721 Norwalk Blvd.
#43
<>Artesia,
CA 90701
562-924-8922
Former financial auditor and controller. Admitted to US
Tax Court, Income Tax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns
message dated 8/5/2010 8:14:50 P.M. Pacific Daylight Time,
listserv.inbox@gmail.com writes:
After being sued by Plaintiff in state court, Debtor filed chapter
7bankruptcy, and state court suit was stayed. Must Plaintiff
seekrelief from stay before filing an amended complaint in state
courtsuit naming additional defendants?-- Alik Segal
The post was migrated from Yahoo.
I agree with David.
On Friday, August 6, 2010, David A. Tilem wrote:
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Not sure I agree with my brother
> Dennis. So long as NOTHING in the complaint is changed as to the Debtor
> and the amended complaint is not served on the Debtor, I don't see how this is
> any different than a substitution of a named party for a Doe
> Defendant.
>
>
> 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.
>
> Business bankruptcy specialist cert. by Amer. Bd. of
> Certification
>
>
>
>
> [mailto:cdcbaa@yahoogroups.com] On Behalf Of Dennis
> McGoldrick
> Sent: Thursday, August 05, 2010 11:09 PM
> To:
> cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Automatic
> Stay
>
>
>
>
>
> yes
>
> --- On Thu, 8/5/10, Alik Segal
> wrote:
>
> Segal
> Subject: [cdcbaa]
> Automatic Stay
> To: "mailinglist"
> ,
> "CDCBAA Listserv" , "bk"
>
> Date: Thursday, August 5, 2010, 8:09 PM
>
>
>
> After being sued by Plaintiff in state court, Debtor filed chapter
> 7
> bankruptcy, and state court suit was stayed. Must Plaintiff
> seek
> relief from stay before filing an amended complaint in state
> court
> suit naming additional defendants?
>
> --
> Alik
> Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal.
> CD, Los Angeles
>
>
>
>
> -----Original Message-----
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity
named. If the reader of this message is not the intended recipient or
an agent responsible for delivering it to the intended recipient, you
are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone or
e-mail and delete the original e-mail at (213) 389-4362 or (888)
619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended 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 herein.
The post was migrated from Yahoo.
I agree with David.
On Friday, August 6, 2010, David A. Tilem wrote:
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Not sure I agree with my brother
> Dennis. So long as NOTHING in the complaint is changed as to the Debtor
> and the amended complaint is not served on the Debtor, I don't see how this is
> any different than a substitution of a named party for a Doe
> Defendant.
>
>
> 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.
>
> Business bankruptcy specialist cert. by Amer. Bd. of
> Certification
>
>
>
>
> [mailto:cdcbaa@yahoogroups.com] On Behalf Of Dennis
> McGoldrick
> Sent: Thursday, August 05, 2010 11:09 PM
> To:
> cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Automatic
> Stay
>
>
>
>
>
> yes
>
> --- On Thu, 8/5/10, Alik Segal
> wrote:
>
> Segal
> Subject: [cdcbaa]
> Automatic Stay
> To: "mailinglist"
> ,
> "CDCBAA Listserv" , "bk"
>
> Date: Thursday, August 5, 2010, 8:09 PM
>
>
>
> After being sued by Plaintiff in state court, Debtor filed chapter
> 7
> bankruptcy, and state court suit was stayed. Must Plaintiff
> seek
> relief from stay before filing an amended complaint in state
> court
> suit naming additional defendants?
>
> --
> Alik
> Segal
> Alik.Segal@gmail.com
> 310-362-6157
> Cal.
> CD, Los Angeles
>
>
>
>
> -----Original Message-----
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity
named. If the reader of this message is not the intended recipient or
an agent responsible for delivering it to the intended recipient, you
are hereby notified that any dissemination, distribution or copy of
this communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone or
e-mail and delete the original e-mail at (213) 389-4362 or (888)
619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements
imposed by the Internal Revenue Service, we inform you that any U.S.
tax advice contained in this communication (including any attachments)
is not intended 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 herein.
The post was migrated from Yahoo.