97AM01261

General Motors Acceptance Corp vs. Kimberli Bristow

Nature of Proceeding: Notice of Hearing on Claim of Exemption

Filed By: MacDowell, Todd A.

It appears that an automatic bankruptcy stay may prevent the Court from making any
determination on the pending Claim of Exemption.

The first page of the “Claim of Exemption Packet – Cover Sheet” indicates that “[a]
Notice of Automatic Stay pursuant to Title II USC 362, bankruptcy, has been received
5/9/14.” However, neither the judgment debtor’s Claim of Exemption (Wage
Garnishment) filing or attached Financial Statement mention bankruptcy. Judgment
Creditor’s Opposition to Claim of Exemption does not mention bankruptcy.

11 U.S.C. § 362(a)(1) automatically stays actions when one party files for bankruptcy.
“The automatic stay provisions of the Bankruptcy Code prohibit the continuation of a
judicial action against the debtor that was commenced before the bankruptcy; the
Code also prohibits ‘any act to obtain possession of property of the estate . . . or to
exercise control over the property of the estate.” In re White, 186 B.R. 700, 703 (B.A.P.
9th Cir. 1995) (internal citations omitted). “The automatic stay provision of the
Bankruptcy Act is designed to shield the debtor from the burdens of litigation during
the processes of bankruptcy.” Seiko Epson Corp. v. Nu-Kote Int’l., Inc., 190 F.3d 1360,
1364 (Fed. Cir. 1999) (citing Fortier v. Dona Anna Plaza Partners, 747 F.2d 1324,
1330 (10th Cir. 1984)). “As a general rule, “[t]he automatic stay of [§] 362(a) protects
only the debtor, property of the debtor or property of the estate.

Accordingly, to address whether judgment debtor has filed for bankruptcy,
appearances are required at the hearing. Appearances may be telephonic.

Judgment creditor’s notice of hearing does not provide notice of the Court’s tentative
ruling system, as required by California Rule of Court 3.1308 and Local Rule 1.06(D).
Judgment creditor is directed to contact judgment debtor forthwith and advise
of Local Rule 1.06(D) and the Court’s tentative ruling procedure. If judgment
creditor is unable to contact judgment debtor prior to hearing, judgment creditor shall
be available at the hearing, in person or by telephone, in the event judgment debtor
party appears without following the procedures set forth in Local Rule 1.06(B).