Stay violation: Continuing collection of domestic American judgment
Posted: Tue May 24, 2016 5:18 pm
Creditor gets a breach of contract for non-payment of loan judgment in a
California Court against an American citizen. American citizen moves to a
country that is a signatory to the Hague convention. Creditor domesticates
judgment in such foreign country. American citizen returns to U.S. and
files a Chapter 7 case. Does the creditor violate the automatic stay if it
continues to prosecute collection of the domesticated judgment in the
foreign country under the rationale that what is being prosecuted is the
domesticated judgment?
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
website: 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
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Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
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Creditor gets a breach of contract for non-payment of loan judgment in a California Court against an American citizen. American citizen moves to a country that is a signatory to the Hague convention.citizen returns to U.S. and files a Chapter 7 case. Does the creditor violate the automatic stay if it continues to prosecute collection of the domesticated judgment in the foreign country under the rationale that what is being prosecuted is the domesticated judgment?--
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