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Motion for Relief From Stay
> Dear Group;
>
> Well, haven't seen a reply to this one yet, so here
goes.
A tort after the filing of the case and after the
confirmation hearing is a priority claim. Group, if
there is any new law on this, set me straight, but the
last time I did the research the answer was:
file a motion to have a priority claim allowed.
schedule it with your motion for relief from stay.
Ask the court to let you liquidate the claim in state
court and come back with the priority claim.
Keep your eye on the debtor, cause if the plan
finishes, the debtor will get a discharge and you will
lose the claim.
dennis
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Dear Dennis,
The injury occurred after the filing of the chapter 13
and after confirmation of the chapter 13 plan.
Mark
>
> --- Mark:
>
> Was the injury before or after the filing of the
> chapter 13?
>
> dennis
>
>
>
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Was the injury before or after the filing of the
chapter 13?
dennis
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Sorry I have no answers for you, but will be researching this issue
tomorrow if none appear--a similar case walked in the door today.
Chris Johnson
> Dear Group;
>
> I need some help with an issue that has come up in a case that I
am
> currently litigating. I previously posted a query and got one
> response from Ty. Thanks Ty! However, I am posting another
message
> with more facts in hopes that I will get more responses.
>
> I represent a plaintiff who was permanently disfigured when a
drunk
> patron at a bar, located on the corner of Western and Wilshire
> (katty corner to the Wiltern Theatre), took exception to my
client's
> appearance and decided to strike him in the side of his face with
a
> beer bottle. The bottle shattered and ripped my client's face
open.
>
> Although my client was seriously hurt, the bar owner and the
> security guard on duty refused to call 911. The reason the bar
> owner refused to call 911 was because at the time of this incident
> she was in escrow to sell the bar and didn't want to jeopardize
the
> sale. The reason the security guard did not call 911 was because
> the security company is owned by none other than the husband of
the
> bar owner.
>
> After filing suit in the Los Angeles Superior Court on behalf of
my
> client, I discovered that the security company is currently in a 60
> month Chapter 13 plan that was confirmed in 2002. My client is
not
> a listed creditor and the time to file a Proof of Claim has long
> passed. The trustee assigned to this case is Kathy Dockery and
the
> case is before Judge Allen Ahart.
>
> Would a Motion for Relief from Stay - Action in Non-Bankruptcy
Forum
> work in a case like this? Any thoughts, comments, or suggestions
as
> to how my client can get relief from stay would be greatly
> appreciated.
>
> Thanks,
>
> Mark
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Dear Group;
I need some help with an issue that has come up in a case that I am
currently litigating. I previously posted a query and got one
response from Ty. Thanks Ty! However, I am posting another message
with more facts in hopes that I will get more responses.
I represent a plaintiff who was permanently disfigured when a drunk
patron at a bar, located on the corner of Western and Wilshire
(katty corner to the Wiltern Theatre), took exception to my client's
appearance and decided to strike him in the side of his face with a
beer bottle. The bottle shattered and ripped my client's face open.
Although my client was seriously hurt, the bar owner and the
security guard on duty refused to call 911. The reason the bar
owner refused to call 911 was because at the time of this incident
she was in escrow to sell the bar and didn't want to jeopardize the
sale. The reason the security guard did not call 911 was because
the security company is owned by none other than the husband of the
bar owner.
After filing suit in the Los Angeles Superior Court on behalf of my
client, I discovered that the security company is currently in a 60
month Chapter 13 plan that was confirmed in 2002. My client is not
a listed creditor and the time to file a Proof of Claim has long
passed. The trustee assigned to this case is Kathy Dockery and the
case is before Judge Allen Ahart.
Would a Motion for Relief from Stay - Action in Non-Bankruptcy Forum
work in a case like this? Any thoughts, comments, or suggestions as
to how my client can get relief from stay would be greatly
appreciated.
Thanks,
Mark
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