[CLBS] How do I get these situations?

[Catherine Dullea]

Thanks for the answers.  Who is a good and reasonable attorney in Western
Washington who could do the work in the bankruptcy court?  Client is also
not getting payments so funds are tight.

 

From: Robert Faucher [mailto:RFaucher at hollandhart.com] 
Sent: Friday, June 12, 2015 1:12 PM
To: cldlaw at gmail.com; CLBS at admws.idaho.gov
Subject: RE: [CLBS] How do I get these situations?

 

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 <mailto:rfaucher at hollandhart.com> 

 <http://www.hollandhart.com/> 

 

CONFIDENTIALITY NOTICE: This message is confidential and may be privileged.
If you believe that this email has been sent to you in error, please reply
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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 <mailto: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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