Need case saying stay stops litigation filed by debtor as=
Posted: Sat Oct 24, 2015 5:14 pm
Great answer, d.
Sent from my iPhone
On Oct 24, 2015, at 18:43, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
Gio:
Old case, Hotel De la Croix, was the first case to differentiate that there is no stay for actions when the debtor is plaintiff. Basically said stay is defensive, not offensive. Came out of the Caribbean, maybe 20 years ago. It has slowly become the majority rule.
Not at a computer to do legal research, but I don't think you will find a current case opposite De La Croix.
The answer is to remove the action to the bk court.
D
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
[cid:part1.03050307.05030101@bklaw.com]
On Oct 22, 2015, at 2:09 PM, david@dpjacob.com [cdcbaa] wrote:
probably too late to help
And maybe this case does not apply but I think it does
Delpit v CIR 18 F3d 768 9th Circuit 1994
Despite the fact that debtors initiated the tax court proceeding and filed notice of appeal pre petition proceeding with appeal would have been violative of the stay.
David.
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cbaa@yahoogroups.com>
To: "cdcbaa@yahoogroups.com"
Sent: Thursday, October 22, 2015 10:31 AM
Subject: [cdcbaa] Need case saying stay stops litigation filed by debtor as plaintiff
I have found it previously, but cannot find it right now. Does anybody have that? State Court wants to proceed with trial right now.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
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Los Angeles, CA 90010
Tel: (213) 389-4362
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e-mail: go@gobklaw.com
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*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
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