United States Bankruptcy CourtNorthern District of CaliforniaChapter 11 Case No. 91-34251I

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United States Bankruptcy CourtNorthern District of CaliforniaChapter 11 Case No. 91-34251In Re: Anton LaVey, DebtorNOTICE FOR MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAYDate: February 5, 1992Time: 3:30 PMPlace: Courtroom, 450 Golden Gate Avenue, San Francisco, CA.To the debtor and his attorney of record, and the bankruptcy trustee:Notice is hereby given that on February 5, 1992 or as soon thereafter as the matter may be heard in courtroom of the above-entitled court, 450 Golden Gate Avenue, San Francisco, California, Diane Hegarty as a tenant in common (one-half owner) pursuant to a court order, will move this court for an order granting relief from the automatic stay of 11 U.S.C. Section 362 (a) and any other stays imposed by this court or by operation of law so that it may take all steps necessary to market and sell that certain real property commonly known as 6114 California Street in the city and county of San Francisco, California. Moving party will also request an award of attorney's fees incurred in protecting her interest in the subject real property.This motion is made upon the grounds that there exist the following reasons for lifting the automatic stay:1. This case was filed in bad faith and solely for the purposes of delay.2. There exists good cause to grant relief pursuant to the provision of 11 U.S.C. 362 (d).3. This motion is based upon this notice and motion, the declaration of Diane Hegarty served and filed herewith, the pleadings, records, and files in this case, and such evidence as may be presented to the court at the hearing of this motion.Failure of the debtor herein to appear at the preliminary hearing in this action may result in the entry of an order granting relief from the automatic stay.Dated: January 7, 1992/s/ Jane Grieco, Attorney for moving party.DECLARATION OF DIANE HEGARTY IN SUPPORT OF MOTION FOR RELIEF FROM AUTOMATIC STAYI, Diane Hegarty, declare as follows:1. The statements contained herein are within my personal knowledge, and if called as a witness, I can testify competently thereto.2. I am a one-half owner in the after described real property, and moving party herein.3. On August 5, 1991 I was granted partition of that real property commonly known as 6114 California Street in the city and county of San Francisco, state of California. A true copy of the state court order reflecting moving party's interest is attached hereto as Exhibit #A and incorporated herein by reference.4. The aforementioned order was made as a result of debtor's wilful misconduct as is evidenced in said order.5. The aforementioned order (Exhibit #A) also provided (at page 3, lines 25-28) that "should defendant fail to cooperate with the prospective sale of the residence, by failing to execute all such documents necessary to list the residence for sale or to accept or counter-offer as to any offer for purchase received, any such documents shall be executed by the clerk of the court upon application by plaintiff therefore".6. On or about October 30, 1991 a supplemental order was filed by the court which indicated the specific dollar amount due and owing to creditor from the jointly-owned personal and real property, which brought the total judgment to $536,500. A true copy of the supplemental order is attached hereto as Exhibit #B and incorporated herein by reference as though set forth in full.7. On October 18, 1991 debtor filed this bankruptcy case, halting all further efforts to obtain satisfaction of this obligation.8. The obligation owed to moving party is accruing interest at the rate of $146.95 per day. As of December 15, 1991 the total owing on this obligation owed by debtor is as follows: Principal balance: $536,500. Interest from 8/5/91 to 12/15/91: $15,497.40. Attorney's fees (estimated): $750. Total: $552,747.40.9. The aforementioned order (Exhibit #A) also provides (at page 3, lines 15-24) that if the defendant fails to comply with the provisions of the order within 60 days, "defendant shall then be ousted from the residence in order to permit plaintiff to prepare the residence and list it for sale. Upon sale of the residence, the net proceeds of sale shall be divided between the parties. From defendant's portion of the proceeds of sale shall be deducted all sums ordered to be paid to plaintiff as attorney's fees, costs, sanctions, and punitive damages, and these sums so deducted shall be paid to plaintiff".10. Moving party is informed and believes and thereon alleges that this bankruptcy was filed in bad faith for the sole purpose of thwarting the state court orders and/or judgments in the state court case.11. The conduct of the debtor which gave rise to the debt owed moving party was malicious and wilful and in violation of 11 U.S.C. Section 523 (a) (2) and (5).12. At the creditor's meeting on December 10, 1991, debtor admitted, under penalty of perjury, that some of the jointly-owned personal property, which is also the subject of the state court order, no longer exists or h

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