Central District Consumer Bankruptcy Attorney's Association

You include this additional request in the prayer of the original motion.
Keith Higginbotham
cdcbaacheck@aol.com
To: cdcbaa
Sent: Fri, Dec 11, 2015 11:33 am
Subject: [cdcbaa] Motion for Relief from Stay for Unlawful Detainer
Dear List,
I have a PC that is looking to obtain relief to file a UD in state court. My understanding that once I obtain relief from stay, that we can proceed with the UD in state court. However, if the PC follows the requirements to dispose of the personal property under CCP 1174.5 would that be a violation of the stay as to the debtor's personal property since technically the property is apart of the bankruptcy estate?
My gut is saying that I might need a second motion for relief as to the personal property but if I could avoid it, it would save the client the additional filing fee.
Thanks,
Tuan
You include this additional request in the prayer of the original motion.
Keith Higginbotham
cdcbaacheck@aol.com
-----Original Message-----
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Dec 11, 2015 11:33 am
Subject: [cdcbaa] Motion for Relief from Stay for Unlawful Detainer

Dear List,
I have a PC that is looking to obtain relief to file a UD in state court. My understanding that once I obtain relief from stay, that we can proceed with the UD in state court. However, if the PC follows the requirements to dispose of the personal property under CCP 1174.5 would that be a violation of the stay as to the debtor's personal property since technically the property is apart of the bankruptcy estate?
My gut is saying that I might need a second motion for relief as to the personal property but if I could avoid it, it would save the client the additional filing fee.
Thanks,
Tuan
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Tuan:
Ask for both in the 362 motion to allow the UD. You are probably going to need a dec from your client saying there is often property left in the residence and landlord wants to be able to dispose of property left behind. If you want the motion to be square, you may want to make the claim of exemptions an exhibit to show the court it will be unlikely you will be selling an asset the trustee would want to sell.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Dec 11, 2015, at 11:33 AM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
> Dear List,
>
> I have a PC that is looking to obtain relief to file a UD in state court. My understanding that once I obtain relief from stay, that we can proceed with the UD in state court. However, if the PC follows the requirements to dispose of the personal property under CCP 1174.5 would that be a violation of the stay as to the debtor's personal property since technically the property is apart of the bankruptcy estate?
>
> My gut is saying that I might need a second motion for relief as to the personal property but if I could avoid it, it would save the client the additional filing fee.
>
>
> Thanks,
>
> Tuan
>
>
Ask for both in the 362 motion to allow the UD. You are probably going to need a dec from your client saying there is often property left in the residence and landlord wants to be able to dispose of property left behind. If you want the motion to be square, you may want to make the claim of exemptions an exhibit to show the court it will be unlikely you will be selling an asset the trustee would want to sell.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
The post was migrated from Yahoo.