[CLBS] How do I get these situations?

[Robert Faucher]

Katie,

My understanding has always been that the stay doesn't apply to adversary proceedings in the bankruptcy court.   Accordingly, you could file a complaint there, and ask for interlocutory relief.

Bob
Robert A. Faucher
Holland & Hart LLP
800 W. Main St., Suite 1750
Boise, ID  83702
Phone (208) 342-5000
Fax (208) 343-8869
E-Mail:  rfaucher at hollandhart.com
[cid:image001.gif at 01D0A519.C8052450]<http://www.hollandhart.com/>

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From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea
Sent: Friday, June 12, 2015 1:58 PM
To: CLBS at admws.idaho.gov
Subject: [CLBS] How do I get these situations?

Dear Listmates:

My client is a lady in her mid-80s. She sold a large parcel of property and
took back a mortgage (with a timber clause). Buyer/borrower filed a chapter
7 in Western Washington. The trustee is taking a lot of time to decide if
he wants the property. In the meantime, we have reason to believe buyer is
about to start logging on the property. The only way I know to stop any
logging is to get an injunction or restraining order. How the heck do I do
that when there's an automatic stay?

--Katie Dullea

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