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Bronx bankruptcy attorney comments on company’s inability to remove stay on New York couple

A 2007 judgment allowed Beach Lane Management Inc. a judgment against a New York couple. According to an October 3rd, 2012 New York Law Journal article the court further granted the Beach Company the right to seek compliance from the couple.

In 2011 the Beach Company sought compliance from the couple through a contempt order. In their petition the company showed proof to a claim of $156,304 against the couple. The company filed their petition a day before the wife of the couple sought relief from a Chapter 7 bankruptcy.

The bankruptcy court denied the Beach Company’s motion for an automatic contempt order, citing that the contempt was of the civil nature not criminal as claimed by the company.  Furthermore, the court noted in their reasoning that they failed to show a cause for pursuant of the funds. The court ruled to allow the company to gather information of the couple’s assets through the use of a subpoena but denied to lift the stay and allow the company to pursue their claim against on the couple.

If you are considering bankruptcy, contact the law office of Jayson Lutzky. Mr. Lutzky has over 29 years of experience practicing law. To set up a free in-person consultation, call (800) 660-5299. You may also visit our website, www.BankruptcyNYC.com, for more information.

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