Circle C Neighbors

Last week I had filed a lawsuit against Gary Bradley at the Justice Court for landscape on the median at cul-de-sac of Edwardson Cove. Today I have received a certified letter from Mr. Bradley?’s lawyer as follows:


SMITH, ROBERTSON, ELLIOTT & GLEN, L.L.P.

August 28, 2003

Ms. Lisa Sun
6709 Edwardson Cove
Austin, TX 78749

Re: No. 196325; Lisa Sun v. Gary Bradley; In the Justice Court, Precinct Five, Travis County, Texas

Dear Ms. Sun:

I am in receipt of a citation issued to Mr. Gary Bradley and your Plaintiff?’s Original Petition in the referenced action.

Please be advised that Mr. Bradley has filed a Chapter 7 Bankruptcy proceeding pending in the United States Bankruptcy Court for the Western District of Texas. Your ?“claim?” violates the automatic stay provisions of Section 362 of the Bankruptcy Code.

If you have any questions concerning this matter, please do not hesitate to contact me.

Very truly yours,
Wallace M. Smith

cc: Judge Herb Evans, Justice of the Peace, Precinct 5

Section 362 of Bankruptcy Code


Section 603 of the Bill amends Section 362(b) of the Bankruptcy Code by dramatically reducing the reach of the automatic stay imposed on governmental units. Section 362 of the Bankruptcy Code is known as the automatic stay. It provides a sweeping halt to enumerated collection efforts automatically upon the filing of a bankruptcy petition. This provision is a critical implement in the Bankruptcy Code's tool set for fixing the affairs of a debtor in financial trouble. It provides the debtor or appointed trustee with a breathing spell after the filing of a petition. By halting creditor actions against the debtor and its property, the automatic stay permits the implementation of a statutory scheme which attempts a fair and equal treatment of creditor claims consistent with the priorities established by the Bankruptcy Code. For these reasons the automatic stay is said to benefit both the debtor and its creditors.
The exceptions to the automatic stay are set forth in Section 362(b). For either policy or practical reasons, the listed actions are not subject to immediate halt upon the filing of a bankruptcy case. Section 362(b)(4) allows for the commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power. Section 362(b)(5) allows for the enforcement of a judgment, other than a money judgment, obtained by a governmental unit to enforce its police or regulatory power. The legislative history suggested that these exceptions were to be narrowly construed to permit a governmental unit to protect the public health and safety, but not to permit the governmental unit to protect a monetary interest in the debtor's property.

Is Bradley playing a trick on me


I can?’t see how this Bankruptcy Code of Section 362 could apply to my case at this point? I am only filing a lawsuit against Gary Bradley for an action ?– demand Bradley to complete the landscape. And the case is not even on trial yet.

It seems that Section 362 can block me from collecting the judgment if I win the case.

Can Section 362 also deny my right of filing a lawsuit against Bradley?

I know Mr. Bradley is a very tricky man. Is he playing a trick on me with the help of his high-priced lawyer???

Automatic Stay

You need to file a motion with the Bankruptcy Court for relief from the automatic stay. If you don't and you pursue this matter, you may find yourself paying Bradley rather than the other way around.