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
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