Rinard v. Reswick
Posted: Tue Jan 28, 2014 7:43 pm
That is, do Judges Tighe, Ahart, or Kaufman have differing opinions as to whether Rinard or Reswick apply?
24011 Ventura Blvd., Suite 201
Calabasas, CA 91302
Tel-(818)347-1940
Fax-(818)347-1930
http://smythesworld.blogspot.com
To: cdcbaa
Sent: Thu, Jan 23, 2014 3:36 pm
Subject: [cdcbaa] Rinard v. Reswick
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
That is, do Judges Tighe, Ahart, or Kaufman have differing opinions as to whether Rinard or Reswick apply?
--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: Thu, Jan 23, 2014 3:36 pm
Subject: [cdcbaa] Rinard v. Reswick
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-----
The post was migrated from Yahoo.