Central District Consumer Bankruptcy Attorney's Association

Where a sale is scheduled for the immediate future, I have contacted the creditor to inform them that a Chapter 13 is being filed, and followed-up with a Notice of Automatic Stay by fax once the case is filed. However, as far as I know, the case actually has to be filed to stop the sale.
Marc Weinberg wrote:
About ten years ago (maybe more), a potential client insisted that a Notice
of Intent existed. I recall asking Sam Biggs (former trustee) if he ever
heard of such a thing. His answer was no. I think Peter Anderson told me
the same. It really does not make sense. The future intent to stay a
proceeding lacks the jurisdiction of any court to enforce the same.
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Where a sale is scheduled for the immediate future, I have contacted the creditor to inform them that a Chapter 13 is being filed, and followed-up with a Notice of Automatic Stay by fax once the case is filed. However, as far as I know, the case actually has to be filed to stop the sale.Marc Weinberg <marcweinberg@brandx.net> wrote:
About ten years ago (maybe more), a potential client insisted that a Notice of Intent existed. I recall asking Sam Biggs (former trustee) if he ever heard of such a thing. His answer was no. I think Peter Anderson told me the same. It really does not make sense. The future intent to stay a proceeding lacks the jurisdiction of any court to enforce the same.__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com

The post was migrated from Yahoo.

About ten years ago (maybe more), a potential client insisted that a Notice
of Intent existed. I recall asking Sam Biggs (former trustee) if he ever
heard of such a thing. His answer was no. I think Peter Anderson told me
the same. It really does not make sense. The future intent to stay a
proceeding lacks the jurisdiction of any court to enforce the same.

The post was migrated from Yahoo.

I just had a client insist to me that there is such a thing in California as a "notice of intent to file Ch. 13" which, by statute, apparently provides a stay of foreclosure proceedings on real property--outside of bankruptcy.
Does anyone have any knowledge of this? Client read to me from something a New York attorney had provided him.
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
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e-mail: bklawr@bklaw.com
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I just had a client insist to me that there is such
a thing in California as a "notice of intent to file Ch. 13" which, by statute,
apparently provides a stay of foreclosure proceedings on real property--outside
of bankruptcy.


Does anyone have any knowledge of this?
Client read to me from something a New York attorney had provided
him.


***********************************************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.