Need case saying stay stops litigation filed by debtor as plaint...

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I don't believe the stay applies in Plaintiff cases (since it is NOT an act
against the debtor). There may be a standing issue since it is property
of the estate and belongs to the chapter 7 trustee who would need to
investigate whether to pursue or not, or have it abandoned back to the debtor.

Chapter 11 and 13 are different animals, but will say, if there are
cross-claims, then a state-court will likely stay all proceedings by and against
the debtor until relief from stay is granted so that all actions could
proceed at the same time.



Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: _ssoesq@aol.com_ (mailto:ssoesq@aol.com) _ www.shaioved.com_
(http://www.shaioved.com/)
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In a message dated 10/22/2015 10:31:42 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
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.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
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Specialization
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I don't believe the stay applies in Plaintiff cases (since it is NOT an act
against the debtor). There may be a standing issue since it is property of
the estate and belongs to the chapter 7 trustee who would need to investigate
whether to pursue or not, or have it abandoned back to the debtor.

Chapter 11 and 13 are different animals, but will say, if there are
cross-claims, then a state-court will likely stay all proceedings by and against
the debtor until relief from stay is granted so that all actions could proceed
at the same time.


Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220Canoga Park, California 91303Tel: (818) 992-6588Fax: (818) 992-6511Email: ssoesq@aol.com
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