Defense to annulment of the stay for purposes of
Posted: Fri Jan 27, 2017 10:03 am
The only benefit to fighting it is if you want leverage to settle for a
lesser amount.
Sincerely,
*Michael Avanesian *
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On Fri, Jan 27, 2017 at 9:33 AM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Is there a defense to a state court plaintiff who obtained an unsecured
> (non-fraud) judgment against debtor for breach of contract now seeking to
> the annul the stay to validate the entry of judgment which took place one
> day after the Chapter 13 filing (presumably state court judge had no notice
> of the BK). From my research, it appears the creditor has a right to
> relief from stay for the sole purpose of validating its judgment (and its
> attorneys fees) to determine a claim amount in the Chapter 13 > not for executing its judgment. But is there a defense to this or is there
> some sort of prejudice to the debtor by allowing creditor to seek relief
> for this purpose?
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> [image: New Professional Pic2]
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> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
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The only benefit to fighting it is if you want leverage to settle for a lesser amount.Confidentiality: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: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.
The post was migrated from Yahoo.