In re Paxton

Good Law
596 B.R. 686
United States Bankruptcy Court, Northern District of CaliforniaJanuary 29, 2019Case No. 12-33036 HLBCalifornia5,044 words

Opinion

Lead Opinion

Blumenstiel, J.

I. INTRODUCTION

This case came before the court on August 17, 2018 for trial on Debtors John and Elizabeth Paxton's Motion for Contempt (the "Motion" ). [Dkt. 88.] The Motion is directed at: Mr. Brendan Quinlan, Mr. Andrew Zacks, Mr. James Kraus, Mr. Scott Freedman, Mr. William Murphy; and the law firms of Zacks Freedman & Patterson, P.C. and Dillingham & Murphy, LLP (collectively, the "Respondents").

Mr. and Mrs. Paxton's Motion demands that the court hold the Respondents in contempt for violating the automatic stay imposed by section 362(a) 1 by: commencing and prosecuting an action against Mr. Paxton in the San Francisco Superior Court, Case No. CGC-13-535986 (the " Declaratory Relief Action "); obtaining a judgment against Mr. Paxton in that action; and obtaining and recording an abstract of that judgment. The Paxtons' Motion also demands that the court declare the judgment in the Declaratory Relief Action void.

Still further, Mr. and Mrs. Paxton's Motion demands that the court hold one or more of the Respondents in contempt for violating the stay by commencing and prosecuting a small claims action against Mr. Paxton in San Francisco Superior Court, Case No. 15-851380 (the…

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