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Bond and mortgage litigation in bk
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I did this in a Chapter 11 case before VZ. The $77,000 plus ongoing
payments would probably have to be paid (or at least sequestered) pretty
quickly so that the lender is not damaged by the delay in litigation.
Otherwise, relief from stay would be appropriate.
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.
Matthew Gary Evans
Sent: Tuesday, February 23, 2010 7:36 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Bond and mortgage litigation in bk
I have a client whose house was foreclosed followed by an unlawful detainer.
I filed a state court unlimited civil suit to quiet title, followed by a
motion to consolidate the cases and stay the UD. There has been no judgment
rendered in the UD. The judge consolidated the cases and granted a stay
conditioned upon the client posting $77k bond, which the client cant
afford. Would filing a C13 followed by removal of the state court civil
suit to quiet title to the bk case as an AP get around the bond requirement
(via the automatic stay and opposing an MFRFS), or would the bk court also
impose bond anyway?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgary
evanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
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Message
I did this in a Chapter 11
case before VZ. The $77,000 plus ongoing payments would probably
have to be paid (or at least sequestered) pretty quickly so that the lender
is not damaged by the delay in litigation. Otherwise, relief from stay
would be appropriate.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I have a client whose house was foreclosed followed by an unlawful detainer.
I filed a state court unlimited civil suit to quiet title, followed by a
motion to consolidate the cases and stay the UD. There has been no judgment
rendered in the UD. The judge consolidated the cases and granted a stay
conditioned upon the client posting $77k bond, which the client can't
afford. Would filing a C13 followed by removal of the state court civil
suit to quiet title to the bk case as an AP get around the bond requirement
(via the automatic stay and opposing an MFRFS), or would the bk court also
impose bond anyway?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
I
have a client whose house was foreclosed followed by an unlawful detainer.
I filed a state court unlimited civil suit to quiet title, followed by a motion
to consolidate the cases and stay the UD. There has been no judgment
rendered in the UD. The judge consolidated the cases and granted a stay
conditioned upon the client posting $77k bond, which the client can’t
afford. Would filing a C13 followed by removal of the state court civil
suit to quiet title to the bk case as an AP get around the bond requirement
(via the automatic stay and opposing an MFRFS), or would the bk court also
impose bond anyway?
The post was migrated from Yahoo.