Central District Consumer Bankruptcy Attorney's Association

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Messagethanks.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Friday, October 15, 2004 5:12 PM
Subject: RE: [cdcbaa] Foreclosure after dismissal
no issue. you can proceed when order entered. no need to wait until appeal period lapses
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: Friday, October 15, 2004 5:04 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Foreclosure after dismissal
California Case:
What is the soonest a secured creditor can foreclose on real property after a dismissal order is entered dismissing a bankruptcy case (and thereby terminating the Stay)? Cal. Civil Code 2924g(e) eliminates the 7-day requirement, but does not address when the Stay technically terminates (i.e. upon entry of the order, or when the order becomes final, etc.).
This was posed to me by a colleague. My guess is that it is terminated and foreclosure can proceed the day the Order is entered. I just want to be sure.
Thanks all,
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
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thanks.
----- Original Message -----
From:
David
A. Tilem
To: cdcbaa@yahoogroups.com
Sent: Friday, October 15, 2004 5:12
PM
Subject: RE: [cdcbaa] Foreclosure after
dismissal

no issue.
you can proceed when order entered. no need to wait until appeal period
lapses

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-----From: Mark J. Markus
[mailto:bklawr@bklaw.com] Sent: Friday, October 15, 2004 5:04 PMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa]
Foreclosure after dismissal
California Case:

What is the soonest a secured creditor can
foreclose on real property after a dismissal order is entered dismissing a
bankruptcy case (and thereby terminating the Stay)? Cal.
Civil Code 2924g(e) eliminates the 7-day requirement, but does not address
when the Stay technically terminates (i.e. upon entry of the order, or when
the order becomes final, etc.).

This was posed to me by a colleague. My
guess is that it is terminated and foreclosure can proceed the day the Order
is entered. I just want to be sure.

Thanks all,

***********************************************Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB
#403Studio City, CA 91604-2652(818)509-1173(818)509-1460
(fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.

depends where on the 90+21 day timeline the creditor is on the non-judicial foreclosure. I think they still have to complete the timeline required by the Civil Code.
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depends where on the 90+21 day timeline the creditor is on the
non-judicial foreclosure. I think they still have to complete the timeline
required by the Civil Code.

_
The post was migrated from Yahoo.

California Case:
What is the soonest a secured creditor can foreclose on real property after a dismissal order is entered dismissing a bankruptcy case (and thereby terminating the Stay)? Cal. Civil Code 2924g(e) eliminates the 7-day requirement, but does not address when the Stay technically terminates (i.e. upon entry of the order, or when the order becomes final, etc.).
This was posed to me by a colleague. My guess is that it is terminated and foreclosure can proceed the day the Order is entered. I just want to be sure.
Thanks all,
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
California Case:

What is the soonest a secured creditor canforeclose on real property after a dismissal order is entered dismissing abankruptcy case (and thereby terminating the Stay)? Cal. Civil
Code 2924g(e) eliminates the 7-day requirement, but does not address when the
Stay technically terminates (i.e. upon entry of the order, or when the order
becomes final, etc.).

This was posed to me by a colleague. My guess
is that it is terminated and foreclosure can proceed the day the Order is
entered. I just want to be sure.

Thanks all,

***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.