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local Rule 2072-1
1) The complaint violated the automatic stay and is void. Tell
opposing counsel that.
2) The debt - any debt - owed or maybe owed at the moment of
filing - no matter to whom or what, no matter why it is owed, no
matter who got notice, is discharged unless one of the parts of
Section 523(a) applies. Was the use of the insurance proceeds post-
petition?
3) I would wait until the objection deadline runs before you do
anything. I suspect you will get a complaint however.
Jon Hayes
> Debtor filed chapt. 7 on "4/15/05." Mtg of creditors was held
> on "5/19/05". The auto loan finance company was listed as a
> creditor, proper notice was given. My client is surrendering the
> collateral. he does have some exposure with this creditor, i.e.
not
> using the insurance proceeds from an accident to fix the car.
> On "June 1, 2005", after the mtg of creditors, and in violation of
> the automatic stay, the auto loan finance company's attorneys
filed
> suit in LA superior Court for breach of K. the deadline for
creditor
> objections in the bk court is July 18, 2005. My client's answer
to
> the complaint is due July 11, 2005.
>
> My goal is to ensure that my client gets a discharge of this
> particular debt with the auto finance company. I want to avoid
any
> objections to this debt from the creditor if possilbe.
>
> My question concerns Local Rule 2072-1 NOTICE TO OTHER COURTS.
Since
> this LA superior court case was filed after my client filed for
> bankruptcy am I required to give notice to the state court? or
does
> this rule just apply to pending court cases at the time debtor
files
> for bankruptcy? If so, can I give notice to the Court after July
18,
> 2005, the bankruptcy court deadline for credior objections. If
the
> creditor gets a default judgement in state court against my
client,
> will it be enforceable due to violation of rule 2072-1. any help
> would be greatly appreciated. Tom
The post was migrated from Yahoo.
Debtor filed chapt. 7 on "4/15/05." Mtg of creditors was held
on "5/19/05". The auto loan finance company was listed as a
creditor, proper notice was given. My client is surrendering the
collateral. he does have some exposure with this creditor, i.e. not
using the insurance proceeds from an accident to fix the car.
On "June 1, 2005", after the mtg of creditors, and in violation of
the automatic stay, the auto loan finance company's attorneys filed
suit in LA superior Court for breach of K. the deadline for creditor
objections in the bk court is July 18, 2005. My client's answer to
the complaint is due July 11, 2005.
My goal is to ensure that my client gets a discharge of this
particular debt with the auto finance company. I want to avoid any
objections to this debt from the creditor if possilbe.
My question concerns Local Rule 2072-1 NOTICE TO OTHER COURTS. Since
this LA superior court case was filed after my client filed for
bankruptcy am I required to give notice to the state court? or does
this rule just apply to pending court cases at the time debtor files
for bankruptcy? If so, can I give notice to the Court after July 18,
2005, the bankruptcy court deadline for credior objections. If the
creditor gets a default judgement in state court against my client,
will it be enforceable due to violation of rule 2072-1. any help
would be greatly appreciated. Tom
The post was migrated from Yahoo.