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Debtor's Examination in State Court
Posted: Mon Aug 01, 2016 11:23 am
by Yahoo Bot
I'm mailing the Notice of Automatic Stay document to court in San Luis Obispo today but my client took the 341 notice with him to court just in case as the case was just filed last week. Judge still didn't care that a bk. was filed.
Thank you,
On Monday, August 1, 2016 11:22 AM, Nathan Berneman wrote:
The plaintiff does not have an attorney and is going by what the Judge is doing in court.
I am going to send a nasty letter to the Plaintiff as well but I know that won't help since the Jduge forced him back on the 22nd with filled out documents or he will throw him in jail.
Thank you,
On Monday, August 1, 2016 11:18 AM, "
jhayes@hayesbklaw.com [cdcbaa]" wrote:
Sternberg v. Johnson puts the onus on opposing counsel when the judge is off on his own rant. David is right. You are right.
The post was migrated from Yahoo.
Debtor's Examination in State Court
Posted: Mon Aug 01, 2016 11:22 am
by Yahoo Bot
The plaintiff does not have an attorney and is going by what the Judge is doing in court.
I am going to send a nasty letter to the Plaintiff as well but I know that won't help since the Jduge forced him back on the 22nd with filled out documents or he will throw him in jail.
Thank you,
On Monday, August 1, 2016 11:18 AM, "
jhayes@hayesbklaw.com [cdcbaa]" wrote:
Sternberg v. Johnson puts the onus on opposing counsel when the judge is off on his own rant. David is right. You are right.
The post was migrated from Yahoo.
Debtor's Examination in State Court
Posted: Mon Aug 01, 2016 11:16 am
by Yahoo Bot
Nate,
Did you file a notice of stay of proceedings [CM 180} in state court?
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
F 805.987.2866
C 805.750.2150
The post was migrated from Yahoo.
Debtor's Examination in State Court
Posted: Mon Aug 01, 2016 11:06 am
by Yahoo Bot
Hello,
I filed Chapter 7 for client last week who had a Debtor's Examination in State court today. I told him to go to court and show that the bk was filed so he doesn't have a warrant out for his rest if he didn't appear.
Client appears, shows Judge the 341 Notice of bk. and because my client didn't fill out the documents as to his assets continued the hearing for him to fill it out, come back at the end of the month or they will throw him in jail.
Am I missing something? I have had clients show bk. documents to state courts before and the Judge just stops the hearing afraid of violating the automatic stay. This judge seems to want to go forward and even wanted my client to give the Judge his full bank account number in open court which my client refused to do.
Any thought?
Thank you,
You can also email me at
ntdberneman@verizon.net
Nate Berneman
The post was migrated from Yahoo.