avoiding automatic stay
Posted: Mon Apr 25, 2005 9:53 am
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.