Need case saying stay stops litigation filed by debtor as plaint...
Posted: Thu Oct 22, 2015 10:37 am
Reply-To: ssoesq@aol.com
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To: cdcbaa@yahoogroups.com
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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/)
________________
The information contained in this email is intended only for the
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recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
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
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: _go@gobklaw.com_ (mailto:go@gobklaw.com)
website: _www.gobklaw.com_ (http://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
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information intended
only for the use of the individual or entity named. If the reader of this
message is not the intended recipient or an agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please immediately notify us by
telephone or e-mail and delete the original e-mail at (213) 389-4362 or
(888) 619-8222.
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
The post was migrated from Yahoo.
X-Original-Return-Path: ssoesq@aol.com
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
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/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
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
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: _go@gobklaw.com_ (mailto:go@gobklaw.com)
website: _www.gobklaw.com_ (http://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
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information intended
only for the use of the individual or entity named. If the reader of this
message is not the intended recipient or an agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly prohibited. If you
have received this communication in error, please immediately notify us by
telephone or e-mail and delete the original e-mail at (213) 389-4362 or
(888) 619-8222.
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
The post was migrated from Yahoo.