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ZURZOLO QUESTION re Automatic Stay.....
He always denies but spells out his reasoning in the order, in my
experience.
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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He always denies but spells out his reasoning in the order, in my experience.
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.
body{font-family: Geneva,Arial,Helvetica,sans-serif;font-size:9pt;background-color: #ffffff;color: black;}He is it was it required. -----Original Message-----
ps.com>
Sent: Aug 19, 2016 5:28 AM
To: Cdcbaa Yahoo Listserv
Subject: RE: [cdcbaa] ZURZOLO QUESTION re Automatic Stay.....
Hi denial haa in the past spelled out his reasoning.
On Aug 18, 2016 4:33 PM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I have filed one before him last year and he denied it.
The post was migrated from Yahoo.
Hi denial haa in the past spelled out his reasoning.
On Aug 18, 2016 4:33 PM, "'Stella Havkin' havkinlaw@earthlink.net [cdcbaa]"
wrote:
>
>
> I have filed one before him last year and he denied it.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, August 18, 2016 4:26 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] ZURZOLO QUESTION re Automatic Stay.....
>
>
>
>
>
> I believe that is still true for him. However, I still file the motion
> to get an order making that clear just in case a different judge ever gets
> the case and disagrees with Judge Zurzolo.
>
>
>
> --
>
> 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.
>
>
>
Hi denial haa in the past spelled out his reasoning.
On Aug 18, 2016 4
The post was migrated from Yahoo.
I believe that is still true for him. However, I still file the motion to
get an order making that clear just in case a different judge ever gets the
case and disagrees with Judge Zurzolo.
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.
I believe that is still true for him. However, I still file the motion to get an order making that clear just in case a different judge ever gets the case and disagrees with Judge Zurzolo.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.
Does anyone know if the Valley judges have taken a position as to the estate stay in second Chapter 13 cases?
24011 Ventura Blvd., Suite 201
Calabasas, CA 91302
Tel-(818)347-1940
Fax-(818)347-1930
http://smythesworld.blogspot.com
To: cdcbaa
Sent: Wed, Nov 27, 2013 12:43 pm
Subject: Re: [cdcbaa] ZURZOLO QUESTION re Automatic Stay.....
Zurzolo follows Rinard as to second cases under 362(c)(3)--he does not think it is necessary to continue the stay as to property of the estate in such cases.
However, in a third case, my guess is that he would agree that there is no stay until/unless the court grants a motion to impose a stay since Rinard only applies to second cases--not third cases. I think he might grant such a motion IF the debtor could show by clear and convincing evidence that the third case was filed in good faith as to the creditor to be stayed, as must be shown in order to satisfy the requirement of 362(c)(4)(D). But the premise of your question assumes that the third case was a bad faith case (and it sure sounds like it was), so I think Stella is correct that the motion would be denied since the Debtor would not be able to produce the necessary evidence to overcome the presumption.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E: cliff@bordeauxlaw.com
On Wed, Nov 27, 2013 at 10:51 AM, Havkin Stella wrote:
No.
Sent: Nov 27, 2013 10:50 AM
To: "cdcbaa@yahoogroups.com"
Subject: [cdcbaa] ZURZOLO QUESTION re Automatic Stay.....
Dear Members:
Does Judge Zurzolo hear motions confirming stay on shortened noticed when
its a bad faith filer.... Debtor's 3 case, filed motion to impose stay but
not as to a creditor who wants to proceed with lawsuit in non-bk forum, and
motion granted with respect to only those creditors who were served with
the motion.... and the creditor was not listed as a creditor even though
lawsuit has been pending for quite sometime...
Thanks for your replies.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Does anyone know if the Valley judges have taken a position as to the estate stay in second Chapter 13 cases?
--Steve Smith
24011 Ventura Blvd., Suite 201
Calabasas, CA 91302
Tel-(818)347-1940
Fax-(818)347-1930
http://smythesworld.blogspot.com
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Wed, Nov 27, 2013 12:43 pm
Subject: Re: [cdcbaa] ZURZOLO QUESTION re Automatic Stay.....
Zurzolo follows Rinard as to second cases under 362(c)(3)--he does not think it is necessary to continue the stay as to property of the estate in such cases.
However, in a third case, my guess is that he would agree that there is no stay until/unless the court grants a motion to impose a stay since Rinard only applies to second cases--not third cases. I think he might grant such a motion IF the debtor could show by clear and convincing evidence that the third case was filed in good faith as to the creditor to be stayed, as must be shown in order to satisfy the requirement of 362(c)(4)(D). But the premise of your question assumes that the third case was a bad faith case (and it sure sounds like it was), so I think Stella is correct that the motion would be denied since the Debtor would not be able to produce the necessary evidence to overcome the presumption.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E:
The post was migrated from Yahoo.
Dear Members:
Does Judge Zurzolo hear motions confirming stay on shortened noticed when
its a bad faith filer.... Debtor's 3 case, filed motion to impose stay but
not as to a creditor who wants to proceed with lawsuit in non-bk forum, and
motion granted with respect to only those creditors who were served with
the motion.... and the creditor was not listed as a creditor even though
lawsuit has been pending for quite sometime...
Thanks for your replies.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Dear Members:
Does Judge Zurzolo hear motions confirming stay on shortened noticed when its a bad faith filer.... Debtor's 3 case, filed motion to impose stay but not as to a creditor who wants to proceed with lawsuit in non-bk forum, and motion granted with respect to only those creditors who were served with the motion.... and the creditor was not listed as a creditor even though lawsuit has been pending for quite sometime...
The post was migrated from Yahoo.