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avoiding automatic stay
Hi Mark,
I just pulled this answer out of a hat. I'll get back to you when I
get a chance to really think about your question. 1. file a
request for special notice, (if applicable); 2. I believe the
plaintiff MUST seek RST-Non Bankruptcy Forum; 3. Have Plaintiff
file a POC; 4. If possible, file an objection to confirmation,
even if untimely, if the case has not yet been confirmed.
Ty Takeuchi,
>
>
> Dear Group;
>
> I have a hypothetical in which a plaintiff files a civil action
> against a dba for civil conspiracy, R.I.C.O., as well as other
causes
> of actions. The facts are clear that there was some deliberate
and
> willful misconduct by the dba.
>
> The dba is currently in a Chapter 13 plan and seeks protection
from
> the civil action via the automatic stay. Plaintiff is not a
listed
> creditor.
>
> What are plaintiff's options and what are his chances of avoiding
the
> automatic stay?
>
> Any input would be appreciated.
>
> Mark
The post was migrated from Yahoo.
Dear Group;
I have a hypothetical in which a plaintiff files a civil action
against a dba for civil conspiracy, R.I.C.O., as well as other causes
of actions. The facts are clear that there was some deliberate and
willful misconduct by the dba.
The dba is currently in a Chapter 13 plan and seeks protection from
the civil action via the automatic stay. Plaintiff is not a listed
creditor.
What are plaintiff's options and what are his chances of avoiding the
automatic stay?
Any input would be appreciated.
Mark
The post was migrated from Yahoo.