Use OSC re contempt
Sent from my iPhone
On Dec 22, 2009, at 8:40 AM, "Holly Roark" wrote:
> Thanks. Does anyone have a sample complaint for going after such a
> violation?
>
> Holly Roark
>
holly@roarklawoffices.com
>
> --- In
cdcbaa@yahoogroups.com, matt resnik wrote:
> >
> > 100% discharge violation... There are remedies for landlords in bk
> but
> > they must assert them in the bk... Not after...
> >
> > Sent from my iPhone
> >
> > On Dec 22, 2009, at 6:08 AM, Dennis McGoldrick wrote:
> >
> > > Holly auto stay over when discharge issued. This is a violation of
> > > discharge injunction
> > >
> > > Sent from my iPhone
> > >
> > > On Dec 21, 2009, at 9:53 AM, "Holly Roark" wrote:
> > >
> > >>
> > >> My client filed Chapter 7 on July 2 and surrendered the
> premises on
> > >> that day. He stated his intention was to reject the lease. (I
> guess
> > >> technically it's the trustee who has to reject the lease or it is
> > >> rejected by default in 60 days). He received a discharge and the
> > >> case is closed. The landlord is now sending collection letters to
> > >> my client for July and August. August would have been the last
> > >> month under my client's lease, so essentially, the landlord is
> > >> trying to collect everything he is owed under the lease despite
> the
> > >> bk.
> > >>
> > >> Is landlord in violation of the automatic stay? Is he entitled to
> > >> "lease rejection damages" (possibly the August rent if he was
> > >> unable to relet the premesis by then)? This is NoHo Commons in
> > >> North Hollywood and I find it hard to believe he couldn't get
> > >> someone else in there really quick as this is a new building.
> > >>
> > >> I am sending a "you are in violation of the automatic stay"
> letter,
> > >> but please let me know if I am missing something with respect to
> > >> the landlord's rights. I don't see why my client has to pay for
> > >> either July or August.
> > >>
> > >> Thanks,
> > >>
> > >> Holly Roark
> > >> holly@...
> > >>
> > >
> > >
> >
>
>
Use OSC re contemptSent from my iPhoneOn Dec 22, 2009, at 8:40 AM, "Holly Roark" <
roarklaw@yahoo.com> wrote:
Thanks. Does anyone have a sample complaint for going after such a violation?
Holly Roark
holly@roarklawoffices.com
com, matt resnik <matt@...> wrote:
>
> 100% discharge violation... There are remedies for landlords in bk but
> they must assert them in the bk... Not after...
>
> Sent from my iPhone
>
> On Dec 22, 2009, at 6:08 AM, Dennis McGoldrick <easky1@...> wrote:
>
> > Holly auto stay over when discharge issued. This is a violation of
> > discharge injunction
> >
> > Sent from my iPhone
> >
> > On Dec 21, 2009, at 9:53 AM, "Holly Roark" <roarklaw@...> wrote:
> >
> >>
> >> My client filed Chapter 7 on July 2 and surrendered the premises on
> >> that day. He stated his intention was to reject the lease. (I guess
> >> technically it's the trustee who has to reject the lease or it is
> >> rejected by default in 60 days). He received a discharge and the
> >> case is closed. The landlord is now sending collection letters to
> >> my client for July and August. August would have been the last
> >> month under my client's lease, so essentially, the landlord is
> >> trying to collect everything he is owed under the lease despite the
> >> bk.
> >>
> >> Is landlord in violation of the automatic stay? Is he entitled to
> >> "lease rejection damages" (possibly the August rent if he was
> >> unable to relet the premesis by then)? This is NoHo Commons in
> >> North Hollywood and I find it hard to believe he couldn't get
> >> someone else in there really quick as this is a new building.
> >>
> >> I am sending a "you are in violation of the automatic stay" letter,
> >> but please let me know if I am missing something with respect to
> >> the landlord's rights. I don't see why my client has to pay for
> >> either July or August.
> >>
> >> Thanks,
> >>
> >> Holly Roark
> >> holly@...
> >>
> >
> >
>
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