CA T.R.O., Secured Creditor To Show Evidence of Benefitical Interest: KIM v. US BANK

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CA T.R.O., Secured Creditor To Show Evidence of Benefitical Interest: KIM v. US BANK

CA T.R.O., Secured Creditor To Show Evidence of Benefitical Interest: KIM v. US BANK

Via: Brian Davies

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One Response to “CA T.R.O., Secured Creditor To Show Evidence of Benefitical Interest: KIM v. US BANK”

  1. Jessie says:

    T.R.O.’s or Temporary Restraining Orders are a good tool to utilize whether in Bankruptcy Court or State Superior Courts. On an Ex-Parte motion for TRO it is good to state you are disputing “Legal Interest” NOT “Equitable Interest”. Many courts especially in California don’t favor complains that fail to state such…in some cases the Judges will order a $15,000 bond for enforcement of the TRO. That is why it is paramount to state such statement: “Plaintiff/Defendant is disputing Legal not Equitable Interest therefore is not required to TENDER.” This also works whenever they are asking for you to Tender in order to rescind.

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