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Maritime Law and Bankruptcy=C2=A0=C2=A0 So, creditor reco=
Another note. I believe that the creditor should be pursuing a motion for relief from the turnover requirements like a receiver of real property typically does when there is a judicial foreclosure pending.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, March 4, 2015 11:46 AM, "'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa]" wrote:
[Attachment(s) from Peter M. Lively included below] Nancy,
I agree with you regarding the debtor still having an interest in the boat, if it is still being held by a custodian and not yet delivered to the creditor in satisfaction of its claim. See attached case. Amaravathi for a good analysis of that issue.
I'd file an AP for turnover and stay violation.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, March 3, 2015 4:45 PM, "Nancy Clark nbc@blclaw.com [cdcbaa]" wrote:
Already talking to him.Thank you,Nancy B. ClarkAttorney at Law100 N. Barranca Avenue, Suite 250West Covina, CA 91791-1600Tel: (626) 64oogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, March 03, 2015 4:37 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Nancy;Contact me off list if you need a good maritime attorney who specializes in liens and foreclosures. That goes for anybody here. Dave Weil hcbaa@yahoogroups.com]
Sent: Tuesday, March 03, 2015 4:30 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Good question. The creditor has not sold the boat to a bona fide purchaser. Therefore, we are treating it as personal property repossession. Thank you,Nancy B. ClarkAttorney at Law100 N. Barranca Avenue, Suite 250West Covina, CA 91791-1600Tel: (626) 646-2555Fax: (626) 332-8644www.BorowitzClark.com Sent: Tuesday, March 03, 2015 4:19 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Nancy;If the boat is foreclosed prepetition the mortgage holder is now the owner, right?Why does the bankruptcy resurrect ownership of the boat?Ss.com]
Sent: Tuesday, March 03, 2015 3:43 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Maritime Law and Bankruptcy So, creditor records a second mortgage on a boat on which debtor lives. Debtor defaults on payments. Creditor files a lawsuit in District Court for maritime judicial foreclosure. The boat is foreclosed and stored by a substitute custodian and agent of U.S. Marshalls. Debtor files a chapter 13, and give notice to the attorney for creditor, creditor and the substitute custodian. We get an email from a maritime attorney who tells us that the filing of the bk alone is not enough to get the boat back. In fact, he says that we need to go to DC to get an order for release of the boat and we have to find a representative for the boat to appear in the lawsuit. Under In re Stinson, 295 B.R. 109, 117 (9th Cir. BAP 2003) the creditor has an affirmative duty to undue the violation of the stay, correct? So, regardless of what this attorney has stated, the creditor's attorney has an affirmative duty to correct/stop the stay violation, correct?Thanks, Nancy B. ClarkBorowitz & Clark, LLP
The post was migrated from Yahoo.
Nancy,
I agree with you regarding the debtor still having an interest in the boat, if it is still being held by a custodian and not yet delivered to the creditor in satisfaction of its claim. See attached case. Amaravathi for a good analysis of that issue.
I'd file an AP for turnover and stay violation.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, March 3, 2015 4:45 PM, "Nancy Clark nbc@blclaw.com [cdcbaa]" wrote:
Already talking to him.Thank you,Nancy B. ClarkAttorney at Law100 N. Barranca Avenue, Suite 250West Covina, CA 91791-1600Tel: (626) 64oogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Tuesday, March 03, 2015 4:37 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Nancy;Contact me off list if you need a good maritime attorney who specializes in liens and foreclosures. That goes for anybody here. Dave Weil hcbaa@yahoogroups.com]
Sent: Tuesday, March 03, 2015 4:30 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Good question. The creditor has not sold the boat to a bona fide purchaser. Therefore, we are treating it as personal property repossession. Thank you,Nancy B. ClarkAttorney at Law100 N. Barranca Avenue, Suite 250West Covina, CA 91791-1600Tel: (626) 646-2555Fax: (626) 332-8644www.BorowitzClark.com Sent: Tuesday, March 03, 2015 4:19 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Maritime Law and Bankruptcy Nancy;If the boat is foreclosed prepetition the mortgage holder is now the owner, right?Why does the bankruptcy resurrect ownership of the boat?Ss.com]
Sent: Tuesday, March 03, 2015 3:43 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Maritime Law and Bankruptcy So, creditor records a second mortgage on a boat on which debtor lives. Debtor defaults on payments. Creditor files a lawsuit in District Court for maritime judicial foreclosure. The boat is foreclosed and stored by a substitute custodian and agent of U.S. Marshalls. Debtor files a chapter 13, and give notice to the attorney for creditor, creditor and the substitute custodian. We get an email from a maritime attorney who tells us that the filing of the bk alone is not enough to get the boat back. In fact, he says that we need to go to DC to get an order for release of the boat and we have to find a representative for the boat to appear in the lawsuit. Under In re Stinson, 295 B.R. 109, 117 (9th Cir. BAP 2003) the creditor has an affirmative duty to undue the violation of the stay, correct? So, regardless of what this attorney has stated, the creditor's attorney has an affirmative duty to correct/stop the stay violation, correct?Thanks, Nancy B. ClarkBorowitz &
The post was migrated from Yahoo.