As a BASIC STARTING POINT,
Call the LASO, and speak to a supervisor. Ask this supervisor if it
is the LASO's policy to abide by the Stay or disregard it under your
client's circumstances.
I can say this because I've done this before a couple of times and
can recall that on at least one occasion, I was told that the LASO
would not enforce the "Kick Out" order until the Landlord got RFS.
Again, this is merely a starting point!!!
Ty Takeuchi
wrote:
> MessageThere is a California State Court case, a couple of years
ago, which says the stay doesn't apply if judgment has been
entered. I have always wondered what the bankruptcy courts thought
of that opinion. Jon
> ----- Original Message -----
> To:
cdcbaa@yahoogroups.com
> Sent: Friday, May 07, 2004 1:56 PM
> Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a [
post UD Judgment ] Sheriff's eviction?
>
>
> My recollection is that is VZ's Smith decision that he oft cites
in court.
>
> Lou Esbin
> -----Original Message-----
> Sent: Friday, May 07, 2004 11:55 AM
> To:
cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Does the filing of a chapter 7 "stay" a
[ post UD Judgment ] Sheriff's eviction?
>
>
> There are conflcting cases on the subject. Several years ago,
VZ wrote an opinion saying no stay to protect "mere possession".
Other judges disagreed and my recollection is that there was a BAP
opinion to the contrary. Not all judges believe in the BAP. Now
this was all several years ago, so the law has certainly developed,
but finding VZ's decision should be a good starting point.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem
> 500 N. Brand Blvd., #460, Glendale, CA 91203
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Personal & small business bankruptcy specialist cert. by
State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
> -----Original Message-----
> Sent: Thursday, May 06, 2004 4:06 PM
> To:
cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Does the filing of a chapter 7 "stay" a [
post UD Judgment ] Sheriff's eviction?
>
>
> Anyone...
>
> I just received a call this Thur PM from a client who has been
served an eviction notice [for Monday the 10th] by the Sheriff.
>
> My recollection is that the automatic stay does not "stay" the
eviction process because after the Unlawful Detainer has gone to
judgment agains the Debtor he no longer has the right to stay at the
residence.
>
> Had the Debtor filed a chapter 7 prior to the judgment in the
UD proceeding the automatic stay would have protected the Debtor
[temporarily at least] and the Landlord would have to obtain relief
from the stay to proceed with the UD against the Debtor.
>
> What say you?.....is a Sheriff's post UD trial eviction
notice "stayed" by the filing of a chapter 7
>
> Thanx
>
> John O. Adams, Esq.
> 8383 Wilshire Blvd Ste 919
> Beverly Hills CA 90211
>
> 323.966.5533
> FX 323.658.8948
>
>
>
>
>
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