Judge: Layne H. Melzer, Case: 2013-00642124, Date: 2023-08-24 Tentative Ruling

Attorneys for Assignee of Record/Judgment Creditor

Application/Request

Judgment creditor’s application for sale of debtor’s dwelling in the above-referenced case is off-calendar. After this application was filed, the debtor filed for bankruptcy and filed a Notice of Stay in this case. Based upon this Notice of Stay the Court similarly ordered debtor’s 7/28/23 examination off-calendar.

The automatic stay is self-executing, effective upon the filing of the bankruptcy petition. See 11 U.S.C. Sect.362(a); The Minoco Group of Companies v. First STate Underwriters AGency of New England Reinsurance Corp. (In re The Minoco group of companies), 799 F.2d 517, 520 (9th Cir. 1986). The automatic stay sweeps broadly, enjoining the commencement or continuation of any judicial, administrative, or other proceedings against the debtor, enforcement of prior judgments, perfection of liens, and “any act to collect, assess or recover a claim against the debtor that arose before the commencement of the case.” 11 U.S.C. Sect.362(a)(6).