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Jury verdict & Notice of Stay

Posted: Tue Oct 20, 2015 10:39 pm
by Yahoo Bot

Hello:
The auto stay affects state court judges power to sign an order. Do not encourage the judge to sign an order. File a motion for relief from stay for an action in a nonbankruptcy proceeding and get the bk judge to sign an order for relief from stay. Bk judge should not want to relitigate issue from scratch.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 15, 2015, at 5:22 PM, lyounglaw@yahoo.com [cdcbaa] wrote:
>
> I haven't run across this situation before: Our Client received a special jury verdict against defendant for money fraudulently obtained (involving real estate). Judge has not yet signed the formal order for the judgment. Defendant filed Ch 13 BK and Notice of Stay with Superior Court. The only debt listed is for our client and defendant's own attorney's fees. Can the Superior Court judge still sign the order confirming the verdict since it already took place or does the Automatic Stay stop it? My thought is that the judge can still sign the order confirming the jury verdict but the stay is in place until we get it into Bankruptcy Court. I would like to encourage the judge to sign the Order since it would be an exhibit to our motion. Your thoughts?
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> Thanks,
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> Laura E. Young
> Law Offices of Laura E. Young
> 17061 Newland Street
> Huntington Beach CA 92647
> Ph: 714-594-3869
> Fax: 714-594-3867
>
>
>
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On Oct 15, 2015, at 5:22 PM, lyounglaw@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:

I haven't run across this situation before: Our Client received a special jury verdict against defendant for money fraudulently obtained (involving real estate). Judge has not yet signed the formal order for the judgment. Defendant filed Ch 13 BK and Notice of Stay with Superior Court. The only debt listed is for our client and defendant's own attorney's fees. Can the Superior Court judge still sign the order confirming the verdict since it already took place or does the Automatic Stay stop it? My thought is that the judge can still sign the order confirming the jury verdict but the stay is in place until we get it into Bankruptcy Court. I would like to encourage the judge to sign the Order since it would be an exhibit to our motion. Your thoughts?Thanks,Laura E. YoungLaw Offices of Laura E. Young17061 Newland StreetHuntington Beach CA 92647Ph: 714-594-3869Fax: 714-594-3867

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