Lis Pendens
Posted: Wed Aug 11, 2004 10:54 am
Intersting. Although a spcfc perf action is non-dichargeable,
wouldn't the plaintiff have to get relief from stay to continue the
action, or file an adversary. Furthermore the rel prop spcfc perf
action als combines a claim for breach of K on theh RP sales k, that
is clearly an action for money.
In your opinion, a lis pendens and the attached action does not
amount to "any act to obtain possession of property of the estate or
of property from the estate or to exercise control over property of
the estate"?
wrote:
> I disagree, no stay violation any more than a recorded TD violates
the
> stay. Furthermore, specific performance obligations are NOT
> DISCHARGEABLE. You may want to check out and shepardize an old case
> involving the actress Tia Carrere (sp?) decided by J. Mund. Ms.
Carrere
> wanted to use bk to avoid her contract so that she could accept a
more
> lucrative contract with a soap opera. J. said no. Cannot use bk
for
> this purpose.
>
> 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: Tuesday, August 10, 2004 2:57 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Lis Pendens
>
>
> I recently filed a Ch. 13 for a debtor behind on mortgage
payments.
> After filing I discovered that Debtor was involved in a specific
perf
> action with ref to the property. Clearly plaintiff had filed a lis
> pendens. My opinion is that pursuant to In re Bloom the lis
pendens
> now violates the stay, and plaintiff should take up the claim with
> the bankruptcy court. Am I right?
>
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