I had a mortgage on a property that the local goverment got an order to demolish
the building in the name of my mortgagee. The appeal date had passed,
and i filed an emergency chapter 13 filing to receive a stay to save
building, local
govt. did not honor stay. is the stay valid ?? I need the name of
an attorney that can answer this question and supply a (local)
attorney to defend me in EASTERN DISTRICT OF LOUISIANA, if the stay is
valid.
us code: title 11,362. automatic stay. TITLE 11> CHAPTER 3 >SUBCHAPTER IV >
$? 362. AUTOMATIC STAY
section 362 (a) (4) ________________ . this section is intended to be
given a narrow construction in order to permit governmental units to
pursue actions to protect the public health and saftey and do not
apply to actions by a governmental unit to project the public health
and saftey and not to apply to actions to protect a pecuniary interest
in property of the debtor or property of the estate.
(B) the filing of a petition under section 301, 302, or 303 of this title,
"does not operate as a stay-"
(4) under the paragraph 1,2,3, or 6 of subsection (a) of this section,
of the commencement or continuation of an action or a proceeding by a
governmental unit or any organization exercising authority under the
CONVENTION ON THE PROHIBITION OF DEVELOPMENT, PRODUCTION, STOCKPILING
AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION, opened for the
signature on january 13, 1993, to inforce such governmental unit's or
organization's police power, including the inforcement of a judgement
obtained in a action or proceeding by governmental unit to enforce
such governmental unit's or organization police or regulatory power; |