Filing fee to Superior Court for filing a Notice =
Posted: Fri Apr 30, 2010 10:39 pm
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)
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Mark J. Markus
Law Office of Mark J. Markus
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