Central District Consumer Bankruptcy Attorney's Association

If I understand your facts correctly, your client has the money. So why do
anything?
Let the creditor act next. If they do nothing fine, if they try to enforce
the state court order, then you have a continuing stay violation.
If you prefer to be proactive, write a letter to the creditor stating that
they violated the stay when they held the exemption hearing, that court
order is void and any action on their part will result in a contempt action
in the bk court. If you were not up to speed on the procedures, no doubt
our last CLE got you there.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

Reply-To: Michael Gouveia
X-Original-Return-Path: Michael Gouveia
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Sorry I do not know
Sent from my iPhone
> On Nov 3, 2014, at 10:48 AM, "tuanl@stevelopezlaw.com [cdcbaa]" wrote:
>
> I have a client that filed Chap 7. Prior to the filing of the Chap 7, the client's bank account was levied by a creditor and the client then filed a claim of exemption with the state court. After the case was filed, the funds remained in the hands of the Sheriff after receiving notification of the BK case. If the Sheriff returned the funds to the client already and the judge in the state court subsequently ruled (exemption hearing took place during the BK case and with stay in place) that the funds be turned over to the creditor, will the client be required to turn over the funds per the state court order? Also, would the client be required to file a motion for turnover of the funds if the client will get a discharge of the debts and the Chap 7 trustee has already filed a notice of abandonment/no asset on the case? The creditor never objected to the claim of exemption.
>
> Lastly, does the fact that the exemption hearing took place during the time that the automatic stay was in place make the order void?
>
> Thanks in advance for the help.
>
>
> Regards,
>
> Tuan Le
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
>
>

The post was migrated from Yahoo.

Michael,
I have no idea why the hearing went forward. A Notice of Stay (CM-180) was filed with the Court and also the creditor was given notice of the bankruptcy case and also the filing of the notice of stay. In the judge's order on the turnover of the funds, the judge did indicate that the order is stayed pending the disposition of the bankruptcy so clearly lack of notice is not an issue.
I guess back to my question, I assume that the client does not need to pursue an order in bankruptcy court for turnover of the funds?
Regards,
Tuan Le
Tuan Le, Esq.
Law Offices of Steve Lopez
8562 Florence Avenue, Suite A
Downey, California 90240
Main: (562)904-1193
Fax: (562)262-2846
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.

The post was migrated from Yahoo.

It's definitely void.
Why was the hearing not stayed? Did creditor know about the bankruptcy? -
if so, then the creditor also violated the stay.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Mon, Nov 3, 2014 at 10:48 AM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> I have a client that filed Chap 7. Prior to the filing of the Chap 7, the
> client's bank account was levied by a creditor and the client then filed a
> claim of exemption with the state court. After the case was filed, the
> funds remained in the hands of the Sheriff after receiving notification of
> the BK case. If the Sheriff returned the funds to the client already and
> the judge in the state court subsequently ruled (exemption hearing took
> place during the BK case and with stay in place) that the funds be turned
> over to the creditor, will the client be required to turn over the funds
> per the state court order? Also, would the client be required to file a
> motion for turnover of the funds if the client will get a discharge of the
> debts and the Chap 7 trustee has already filed a notice of abandonment/no
> asset on the case? The creditor never objected to the claim of exemption.
>
> Lastly, does the fact that the exemption hearing took place during the
> time that the automatic stay was in place make the order void?
>
> Thanks in advance for the help.
>
>
> Regards,
>
> Tuan Le
>
>
>
> Tuan Le, Esq.
>
> Law Offices of Steve Lopez
>
> 8562 Florence Avenue, Suite A
>
> Downey, California 90240
>
> Main: (562)904-1193
>
> Fax: (562)262-2846
>
>
>
> DISCLAIMER: This e-mail may contain confidential information and may also
> be legally privileged. If you are not an intended recipient, as indicated
> above, please notify us immediately. In such event, you should not copy or
> use this e-mail for any purpose nor disclose its contents to anyone.
> Enclosed information and attachments remain the property of the LAW
> OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither
> information in this message that do not relate to the official business of
> the LAW OFFICE OF STEVE LOPEZ should be understood as my personal
> responsibility, and as neither given nor endorsed by the LAW OFFICE OF
> STEVE LOPEZ.
>
>
>
It's definitely void.Why was the hearing not stayed? Did creditor know about the bankruptcy? - if so, then the creditor also violated the stay.Sincerely, Michael AvanesianLaw Offices of David A. Tilem
The post was migrated from Yahoo.