[CLBS] Divorce proceeding as a a stay violation

[Steve McCrea]

Either attorney who proceeds without bk court approval violates the stay.  While dealing with a slightly different set of facts, 
Sternberg v. Johnston 595 F3d 937 is instructive and should be cautionary. 
Stephen B. McCrea, Attorney
 LAKE CITY LAW GROUP PLLC
 435 W. Hanley Ave. Suite 101
 Coeur d'Alene, ID 83815
 smccrea at lclattorneys.com
 208-664-8115 | 208-664-6338 (fax)  

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Original message
From: "Patrick J. Geile" <pgeile at foleyfreeman.com>
To: clbs at admws.idaho.gov; 
Dated: 3/1/2017 9:59:02 AM
Subject: [CLBS] Divorce proceeding as a a stay violation

If a state court magistrate holds a trial on division of assets, but reserves the right for a final decree or makes a division between the parties subject to the rights of a the estate is a pending the Joint chapter 7 case, would that be a stay violation.

Patrick J. Geile
Foley Freeman PLLC
953 S. Industry Way, Meridian, Idaho 83642
P.O. Box 10
Meridian, Idaho 83642
Direct line: (208) 947-1563
Phone: (208) 888-9111
Fax: (208) 888-5130

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