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Maritime Law and Bankruptcy
My gut reaction would be to tell him you believe he is violating the stay
and to ask for P&A's. As long as the violation is ongoing, the attorney
fees and costs tab is on his client.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
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or written to be used or relied upon, and cannot be used or relied upon,
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On Tue, Mar 3, 2015 at 3:43 PM, nclark@blclaw.com [cdcbaa] wrote:
>
>
> So, creditor records a second mortgage on a boat on which debtor lives.
> Debtor defaults on payments. Creditor files a lawsuit in District Court for
> maritime judicial foreclosure. The boat is foreclosed and stored by a
> substitute custodian and agent of U.S. Marshalls. Debtor files a chapter
> 13, and give notice to the attorney for creditor, creditor and the
> substitute custodian.
>
>
>
> We get an email from a maritime attorney who tells us that the filing of
> the bk alone is not enough to get the boat back. In fact, he says that we
> need to go to DC to get an order for release of the boat and we have to
> find a representative for the boat to appear in the lawsuit.
>
>
>
> Under *In re Stinson*, 295 B.R. 109, 117 (9th Cir. BAP 2003) the creditor
> has an affirmative duty to undue the violation of the stay, correct? So,
> regardless of what this attorney has stated, the creditor's attorney has an
> affirmative duty to correct/stop the stay violation, correct?
>
>
>
> Thanks,
>
> Nancy B. Clark
>
> Borowitz & Clark, LLP
>
>
>
>
>
>
>
My gut reaction would be to tell him you believe he is violating the stay and to ask for P&A's. As long as the violation is ongoing, the attorney fees and costs tab is on his client.Sincerely,Michael Avanesian, Esq.erif">AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
On Tue, Mar 3, 2015 at 3:43 PM, nclark@blclaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.