[CLBS] How do I get these situations?

[Thomas J. Angstman]

I agree with Bob, but also that since it is property of the estate taking timber would likely subject the debtor to significant problems like loss of discharge or criminal problems.  If you can establish verifiable evidence of the debtor's intention to take property of the estate, you might be able to get the trustee to do your work.  That said, I would seek stay relief right away or offer the trustee money ($5k or more) for the property, subject to your own debt. That would be cheaper than a complicated foreclosure and right of redemption issues would vanish, if you have to contend with those.

T. J. Angstman
Angstman Johnson
3649 Lakeharbor Lane
Boise, Idaho 83703
208-384-8588
208-853-0117 (FAX)
 
tj at angstman.com
www.angstman.com
 


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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 2:22 PM
To: 'Robert Faucher'; CLBS at admws.idaho.gov
Subject: Re: [CLBS] How do I get these situations?

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 to the sender that you received the message in error; then please delete this e-mail. Thank you.

 

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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