.jpg)
Filing fee to Superior Court for filing a Notice of Stay of Civil proceedings?
I had one filed yesterday in the Van Nuys Superior Court (judicial Council form and BK Court's Notice of Case Commencement) and it was accepted without a fee.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California
91364-2203
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
On May 5, 2010, at 4:11 AM, Catherine Christiansen wrote:
That's not right. I use the judicial counsel form and attach a copy of the Notice of Commencement of case. Never been charged.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.com
This e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368. Representation Note: If you have not signed a contract of representation, Christiansen Law Offices does not represent you, and this email does not contain any legal advice for you. NOTICE: We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code
The post was migrated from Yahoo.
That's not right. I use the judicial counsel form and attach a copy of the Notice of Commencement of case. Never been charged.
Law Office of Catherine Christiansen
1077 E Pacific Coast Hwy #210
Seal Beach, CA, 90740
Tel: (562) 361-8721
Fax: (562) 490-8572
attorneychristiansen@gmail.comThis e-mail is private and confidential and is intended solely for the recipient(s) named or otherwise identified herein. If you are not named or otherwise identified as an intended recipient, please delete this e-mail message and any copies thereof and immediately notify Christiansen Law Offices by e-mail or by telephone (562)608-8368.f representation, Christiansen Law Offices does not represent you, and this email does not contain anylegal advicefor you. NOTICE:ates Bankruptcy Laws.We assist people with finding solutions to their debt problems,including filing petitions for relief under the Bankruptcy Code
The post was migrated from Yahoo.
Which Court? See my article in most recent edition of CDCBAA
newletter on the topic.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Fri 30/04/10 2:08 PM , "Nikki" hashemiesq@yahoo.com sent:
Client had a lawsuit pending in Superior Court. Ch 7 was filed and
Notice of Stay of Proceedings sent to Superior Court to notify them of
the BK filing.
The Clerk is requiring my client to pay $300+ filing fee for this
document to be filed and put on record!??
This has never come up with any other Superior Court or Clerk
before.... Any insight/recommended response?
Thanks.
Nikki Hashemi
Links:
[1] mailto:cdcbaa@yahoogroups.com?subjectFiling fee to Superior
Court for filing a Notice of Stay of Civil proceedings?
[2]
The post was migrated from Yahoo.
Having run across this before, I have the plaintiff's counsel for the the Notice of Stay, avoiding my client, as the defendant, the cost of filing the first document - a first appearance fee. Similarly, if a debtor defendant files the Notice of Removal, the clerk will assess the first filing fee, even though the Notice of Removal is not an appearance, but rather a document giving the state court notice that it is being divested of jurisdiction. But, the clerk will not listen, especially where they are being furloughed without pay!
Lou Esbin
>
> I've often wondered how a notice of stay could be an appearance? When you appear you subject yourself, or your client to the court's jurisdiction. A notice of stay is a notice the court has no jurisdiction. The clerk is crazy. Maybe you should think outside the box. How do you get a writ of mandamous (sp) against the clerk?
>
> On the otherside, is the rule stating a lawyer has to file a notice of stay constitutional? If it costs money, the court is taking your money without just compensation. If the filing does not cost money, does the rule violate the 13th amendment? I understand when rules require you to do things you want to do in a certain way, but telling lawyers to do something they may not want to do at alll is involuntary servitude.
> Will the gov't argue the action is something you must do to file your client in a bk, to make it a voluntary requirement?
> Dennis McGoldrick
> 350 S. Crenshaw Bl., #A207B
> Torrance, CA 90503
>
> On Apr 30, 2010, at 3:25 PM, "Mark J. Markus" wrote:
>
> Yes they were, but I defy (well, maybe not defy....how about: Invite) someone to tell me how a local bankruptcy rule trumps 9th circuit authority.
>
> See In re Eskanos & Adler, 309 F.3d 1210 (9th Cir. 2002)
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
> On 4/30/2010 3:20 PM, David A. Tilem wrote:
>
> I wish it were that simple. I think the rules were amended to require the filing.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Mark J. Markus
> Sent: Friday, April 30, 2010 3:06 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Re: Filing fee to Superior Court for filing a Notice of Stay of Civil proceedings?
>
>
> Then don't file it. It's done solely as a courtesy to those boobs
> anyway. Send a copy to plaintiff's counsel and you're done. If they
> violate the stay, then you can file the Notice of Stay, pay the fee, and> seek to collect that from them after you file the sanctions motion with
> the BK court.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
> On 4/30/2010 2:41 PM, Nikki wrote:
> > It's actually the Van Nuys Court! I called them up and this one lady
> > there insists that since it is the first document filed by my client in
> > the Civil Case, he Must pay the fee. Otherwise, she will not notify the
> > Judge about the BK and the NAS!
> >
> > She said she has this conversation with many other BK attorneys
> > (apparently) and just because other clerks "make mistakes" of not
> > charging a filing fee, doesnt mean she will do the same....
> >
> > I've resubmitted already a couple of times, but to no avail... not sure
> > what to do.
> >
> >
> > --- In cdcbaa@yahoogroups.com, "Mark J. Markus" wrote:
> >
> >> That's nonsense. This must be downtown LA, right? Those people don't
> >> know which end is up right now. Just resubmit it. There's no filing
> >>
> > fee.
> >
> >> *************************
> >> Mark J. Markus
> >> Law Office of Mark J. Markus
> >> 11684 Ventura Blvd. PMB #403
> >> Studio City, CA 91604-2652
> >> (818)509-1173 (818)509-1460 (fax)
> >> web: http://www.bklaw.com/
> >> This Firm is a Qualified Federal Debt Relief Agency (see what this
> >>
> > means at
> > http://bklaw.com/bankruptcy-blog/2008/0 ... definition\
> > /)
> >
> >> ________________________________________________
> >> NOTICE: This Electronic Message contains information from the law
> >>
> > office of Mark J. Markus that may be privileged. The information is
> > intended for the use of the addressee only. If you are not the
> > addressee, note that any disclosure, copy, distribution or use of the
> > contents of this message is prohibited.
> >
> >> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> >>
> > imposed by the IRS, we inform you that any U.S. tax advice contained in
> > this communication (or in any attachment) is not intended or written to
> > be used, and cannot be used, for the purpose of (i) avoiding penalties
> > under the Internal Revenue Code or (ii) promoting, marketing or
> > recommending to another party any transaction or matter addressed in
> > this communication.
> >
> >>
> >> On 4/30/2010 2:08 PM, Nikki wrote:
> >>
> >>> Client had a lawsuit pending in Superior Court. Ch 7 was filed and
> >>>
> > Notice of Stay of Proceedings sent to Superior Court to notify them of
> > the BK filing.
> >
> >>> The Clerk is requiring my client to pay $300+ filing fee for this
> >>>
> > document to be filed and put on record!??
> >
> >>> This has never come up with any other Superior Court or Clerk
> >>>
> > before.... Any insight/recommended response?
> >
> >>> Thanks.
> >>> Nikki Hashemi
> >>>
> >>>
> >>>
> >>> ------------------------------------
> >>>
> >>> Yahoo! Groups Links
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>
> >
> >
> >
> >
> > ------------------------------------
> >
> > Yahoo! Groups Links
> >
> >
> >
> >
> >
>
>
> Reply to sender | Reply to group | Reply via web post | Start a New Topic
> Messages in this topic (6)
> RECENT ACTIVITY:
> Visit Your Group
> MARKETPLACE
> Stay on top of your group activity without leaving the page you're on - Get the Yahoo! Toolbar now.
>
The post was migrated from Yahoo.
Thanks everyone.
As part of regular procedure, I had served the Plaintiff's Attorney and
listed them on Sch F and SOFA, and will leave it up to them to notify
the Superior Court of the BK filing and the Automatic Stay.
Have a great weekend.
Nikki
>
> Yes they were, but I defy (well, maybe not defy....how about: Invite)
> someone to tell me how a local bankruptcy rule trumps 9th circuit
authority.
>
> See In re Eskanos & Adler, 309 F.3d 1210 (9th Cir. 2002)
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
It's actually the Van Nuys Court! I called them up and this one lady
there insists that since it is the first document filed by my client in
the Civil Case, he Must pay the fee. Otherwise, she will not notify the
Judge about the BK and the NAS!
She said she has this conversation with many other BK attorneys
(apparently) and just because other clerks "make mistakes" of not
charging a filing fee, doesnt mean she will do the same....
I've resubmitted already a couple of times, but to no avail... not sure
what to do.
>
> That's nonsense. This must be downtown LA, right? Those people don't
> know which end is up right now. Just resubmit it. There's no filing
fee.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
The post was migrated from Yahoo.
Client had a lawsuit pending in Superior Court. Ch 7 was filed and Notice of Stay of Proceedings sent to Superior Court to notify them of the BK filing.
The Clerk is requiring my client to pay $300+ filing fee for this document to be filed and put on record!??
This has never come up with any other Superior Court or Clerk before.... Any insight/recommended response?
Thanks.
Nikki Hashemi
The post was migrated from Yahoo.