File: LVCrt-13

United States Bankruptcy Court
Northern District of California

Chapter 11 Case No. 91-34251
In Re: Anton LaVey, Debtor

NOTICE FOR MOTION AND MOTION FOR RELIEF FROM AUTOMATIC STAY

Date: February 5, 1992
Time: 3:30 PM
Place: 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 STAY

I, 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 willful 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 has been given to others, and the debtor is
committing waste and mismanagement of these jointly-owned assets.

I declare under penalty of perjury that the foregoing is true and
correct, and that this declaration was executed at San Francisco,
California on December 29, 1991.

/s/ Diane Hegarty

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