[CLBS] a poser

Jed Manwaring jmanwaring at evanskeane.com
Fri Sep 9 11:25:17 MDT 2016


I had a similar situation awhile back.  We filed a Motion to TRO in bankruptcy court asking for the same order as we had in state court and the BK court entered the same TRO word for word.

Jed W. Manwaring

1161  West River St., Suite 100
P.O. Box 959
Boise, ID 83701
(208) 384-1800 Tel.
(208) 345-3514 Fax.
jmanwaring at evanskeane.com

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Ford Elsaesser
Sent: Friday, September 09, 2016 11:18 AM
To: cldlaw at gmail.com; CLBS at admws.idaho.gov
Subject: Re: [CLBS] a poser

What is enjoined?

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea
Sent: Friday, September 09, 2016 10:07 AM
To: CLBS at admws.idaho.gov
Subject: [CLBS] a poser

Dear Listmates:

Here's the scenario:  

State trial court grants TRO which expires soon, with a prelim injunction hearing set for that day.

Defendant is observed violating the TRO.

Defendant files chapter 7.

Obviously Plaintiff is concerned that the automatic stay comes into effect, no prelim injunction hearing, and Defendant is free to act in a way that further damages Plaintiff.

What to do?

 

 

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