[CLBS] How do I get these situations?

[Randal French]

If the owner of the property is the debtor in a ch 7, then the new owner of the property would be called Mr. Trustee, sir.  Any logging of the property would be a theft of assets of the estate.

If your client has a mortgage, isn't she entitled to be paid from all proceeds of sale of the property or the timber from the property before anyone else gets anything?  Is this one of those days when I should have been in class that the law school?


Randy French




Law Office of Randal J. French, P.C.
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-----Original Message-----
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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