Technical Writ Question

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Agree. Violation on Wallace's facts.
D
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 12, 2015, at 4:31 PM, 'Gary R. Wallace' garyrwallace@ymail.com [cdcbaa] wrote:
>
> If the creditor files the application for the writ in the state court before the court has dismissed the case (and without first getting relief from the stay), then I say yes, it is a violation.
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey, CA 90292
> Email: garyrwallace@ymail.com
> Office: (310) 775-8719
>
> --------------------------------------------
> On Wed, 8/12/15, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
>
> Subject: [cdcbaa] Technical Writ Question
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, August 12, 2015, 4:04 PM
>
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> Here is my scenario (and it
> reads like a law school exam question): Debtor has an open BK. But
> Trustee has filed a motion to dismiss because the schedules
> did not include all assets, debtor lied, etc. All
> indications are the trustees motion will prevail. A
> Creditor with a judgment against Debtor wants to get a writ
> of execution right now and hold it until the dismissal is
> fully processed through the bk court, so that when the
> dismissal is entered the creditor have execute on the writ
> right away. Is this a violation of the automatic
> stay? Desiree Causey, Esq.Law Office of Desiree
> Causey7755 Center
> Avenue, Suite 1100 (NEW ADDRESS
> AS OF DECEMBER 2014)Huntington Beach, CA
> 92647 714-372-2225 (phone)714-908-7646 (same fax
> number) Privileged And Confidential
> Communication.
> This electronic transmission,
> and any documents attached hereto, (a) are protected by the
> Electronic Communications Privacy Act (18 USC
> 2510-2521), (b) may contain confidential and/or legally
> privileged information, and (c) are for the sole use of the
> intended recipient named above. If you have received this
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> distribution, or use of the contents of the information
> received in error is strictly prohibited.
>
> Please consider the
> environment before printing this e-mail.
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[Yahoo Bot]

If the creditor files the application for the writ in the state court before the court has dismissed the case (and without first getting relief from the stay), then I say yes, it is a violation.
Gary R. Wallace
Law Office of Gary R. Wallace
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA 90292
Email: garyrwallace@ymail.com
Office: (310) 775-8719
On Wed, 8/12/15, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
Subject: [cdcbaa] Technical Writ Question
To: cdcbaa@yahoogroups.com
Date: Wednesday, August 12, 2015, 4:04 PM

Here is my scenario (and it
reads like a law school exam question): Debtor has an open BK. But
Trustee has filed a motion to dismiss because the schedules
did not include all assets, debtor lied, etc. All
indications are the trustees motion will prevail. A
Creditor with a judgment against Debtor wants to get a writ
of execution right now and hold it until the dismissal is
fully processed through the bk court, so that when the
dismissal is entered the creditor have execute on the writ
right away. Is this a violation of the automatic
stay? Desiree Causey, Esq.Law Office of Desiree
Causey7755 Center
Avenue, Suite 1100 (NEW ADDRESS
AS OF DECEMBER 2014)Huntington Beach, CA
92647 714-372-2225 (phone)714-908-7646 (same fax
number) Privileged And Confidential
Communication.
This electronic transmission,
and any documents attached hereto, (a) are protected by the
Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally
privileged information, and (c) are for the sole use of the
intended recipient named above. If you have received this
electronic message in error, please notify the sender and
delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information
received in error is strictly prohibited.
Please consider the
environment before printing this e-mail.

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[Yahoo Bot]

Here is my scenario (and it reads like a law school exam question):
Debtor has an open BK. But Trustee has filed a motion to dismiss because
the schedules did not include all assets, debtor lied, etc. All indications
are the trustees motion will prevail. A Creditor with a judgment against
Debtor wants to get a writ of execution right now and hold it until the
dismissal is fully processed through the bk court, so that when the
dismissal is entered the creditor have execute on the writ right away. Is
this a violation of the automatic stay?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.

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