The stay still applies to the estate in rem even if the stay does not
apply to the debtor in personam. I struggle with distinction in
Chapter 13, because the Chapter 13 trustee is really not administering
the estate. Thought off the top of my head: File a Chapter 7 where
it is clear that the estate has a representative to assert standing in
rem for the stay to continue and then convert to Chapter 13 if it
appears debtor is eligible and a plan is feasible.
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
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On Fri 25/06/10 9:46 PM , "Cameron Totten"
tottenlaw@sbcglobal.net
sent:
Ive filed several bk petitions on the day before trustees
sales. The reality is that they were always taken off and it was
weeks before the lender got around to hire a lawyer to file a motion
for relief from stay and analyze whether a stay was actually in place.
Thus, in my admittedly limited experience, the sale never goes
forward as long as you provide the trustee with a copy of the bk
petition.
FROM:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] ON
BEHALF OF Giovanni Orantes
SENT: Friday, June 25, 2010 9:09 PM
TO:
cdcbaa@yahoogroups.com
SUBJECT: Re: [cdcbaa] Third Filer and Trustee Sale in 2 Business
Days
Thank you for the suggestion. I'll explore the option.
On Fri, Jun 25, 2010 at 8:41 PM, Jacob Chang wrote:
I have an idea. File a civil suit and seek a TRO monday morning.
Great thing about LA superior court is that you can get the complaint
filed and tro granted on the same day. Explain in declaration that
notice could not be given by today (Friday) 10:00 AM, for the hearing
on Monday. Explain that if the sale occurs, your clients will suffer
irreparable harm. If the court denys motion for lack of notice of ex
parte motion, then immediately before 10 AM give notice of ex parte
motion to defendants for Tuesday morning to stop the sale. I've been
able to get a number of tro's granted on the day of the sale. The
closest was 15 minutes before the sale. I probably lost a lot of hair
that day. If granted, you at least have enough time to do the motion
to set aside dismissal with OST.
Jacob D. Chang, Esq.
Law Offices of Jacob D. Chang
1600 Wilshire Boulevard, Third Floor
Los Angeles, CA 90017
Tel: (213) 252-4440
Fax: (213) 738-1116
Email:
jacobchang.esq@gmail.com [2]
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On Fri, Jun 25, 2010 at 3:02 PM, Giovanni Orantes wrote:
Colleagues:
I got a new client who was previously represented by a different
attorney in the filing of two chapter 13 cases. The first one was
dismissed because the attorney did not file a Chapter 13 plan on time.
The second one was dismissed apparently because the attorney filed a
506 Motion in a Judge Zurzolo case, but he claimed to the client that
it was dismissed because the client didn't make 2 plan payments. The
client had, in fact, made the two plan payments and had proof of it.
The attorney refunded the client the attorney's fees. However, the
debtor's house is up for sale on June 29th. We filed yesterday a
motion to vacate or reconsider the dismissal of the second case and
explained that two previous petitions had been filed, that a sale is
impending and attached proof of all the plan and mortgage payments
which shows that dismissal is unfair along with an application for an
OST; however, Judge Zurzolo denied the App. for OST and added to the
order that the dismissal order had nothing preventing another filing.
However, this would be a third filing, which means that there is no
automatic stay until an order imposing it is granted and only
prospectively. So, we basically would need an order entered on Monday
or on Tuesday before the time of the sale.
Other than filing the third petition along with another app. for an
ost for a hearing to impose the stay and praying for the best, does
anyone have any suggestions?
--
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail:
go@gobklaw.com [4]
website:
www.gobklaw.com [5]
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Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
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WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
BERNARDINO AND SANTA BARBARA.
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and Trustee Sale in 2 Business Days
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