2nd Bankruptcy case and no order in place re stay....

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I hope I have not bothered any of you with this before, but I fear I have, so my apologies in advance. We finally have a launch date for the Shinbrot Firm website, most of you know we are really not much in the consumer debtor space, except in the litigation area, but I wanted to check in with the requirements of that "We are a Debt Relief Agency" language for the website to make sure we are not in violation of the section- -anyone seen a good article/case that walks me through the requirements? Thanks and stay warm and cozy if you can this weekend.
Jeff Shinbrot
lifford_bordeaux
Sent: Friday, January 11, 2013 11:44 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: 2nd Bankruptcy case and no order in place re stay....
I am reopening this thread because I just found out today that Judge Zurzolo will not approve an application requesting a hearing on shortened time if the purpose is to try to get an order continuing the stay within 30 days after the filing date per 362c3. Judge Zurzolo does not consider such a request to meet the requirements of LBR 9075, since he interprets 362c3 to mean that the stay remains in place as to property of the estate after the 30 days have expired.
As far as I know, all other LA division Chapter 13 judges still follow Reswick and require that the motion to continue the stay be heard and approved within 30 days.
>
> I filed one after the 30 day period before J Zurzolo. He denied it but
> said that the stay remained as to property of the estate. This
> provided the authority to go after the creditor for violating the auto stay.
> On Jul 3, 2012 9:08 AM, "John D. Faucher" wrote:
>
> > **
> >
> >
> > Judge Bason certainly rules that way, I have found to my regret.
> >
> > - John D. Faucher
> > 818/889-8080
> >
> >
> > On 7/3/12 9:05 AM, Larry Simons wrote:
> >
> >
> >
> > I was under the impression (mistakenly?) that a motion to continue
> > or impose the stay must be filed and heard within 30 days of filing the case.
> >
> > *From*: R Grace Rodriguez [mailto:rgracelaw@... ]
> >
> > *Sent*: Tuesday, July 03, 2012 08:58 AM
> > *To*: cdcbaa@yahoogroups.com
> > *Subject*: Re: [cdcbaa] 2nd Bankruptcy case and no order in place re
> > stay....
> >
> >
> >
> > Tighe
> >
> >
> > On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan wrote:
> >
> >>
> >>
> >> You can file a motion to extend the stay even though the 30 days
> >> have passed. Which judge is it?
> >> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
> >>
> >>>
> >>>
> >>> Dear members:
> >>>
> >>> PC filed 2nd bankruptcy in place and just got a notice of sale.
> >>> Apparently no motion was made within the 30 days. Sale date is
> >>> July 12, 2012. Talked to lender and they insist on going to sale
> >>> because of the equity in the property. Is it bad faith to request
> >>> dismissal of case and refile because of the mistake?
> >>>
> >>> --
> >>> R. Grace Rodriguez, Esq.
> >>> OFF: (818) 734-7223
> >>> CEL: (818) 554-9922
> >>>
> >>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept
> >>> e-mail notice for ex parte Applications via voicemail or by email.
> >>> You must comply with California Law and give notice to a person in
> >>> my office during regular business hours.
> >>>
> >>> CONFIDENTIALITY STATEMENT: This message contains privileged and
> >>> confidential information and is intended only for the individual
> >>> named. If you are not the intended recipient you should not
> >>> disseminate, distribute, store, print, copy or deliver this
> >>> message. Please notify the sender immediately by e-mail if you
> >>> have received this e-mail by mistake and delete this e-mail from your system.
> >>>
> >>
> >
> >
> > --
> > R. Grace Rodriguez, Esq.
> > OFF: (818) 734-7223
> > CEL: (818) 554-9922
> >
> > NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> > notice for ex parte Applications via voicemail or by email. You must
> > comply with California Law and give notice to a person in my office
> > during regular business hours.
> >
> > CONFIDENTIALITY STATEMENT: This message contains privileged and
> > confidential information and is intended only for the individual
> > named. If you are not the intended recipient you should not
> > disseminate, distribute, store, print, copy or deliver this message.
> > Please notify the sender immediately by e-mail if you have received
> > this e-mail by mistake and delete this e-mail from your system.
> >
> >
> >
> >
> >
>
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Ditto what Giovanni said
On Fri, Jan 11, 2013 at 11:53 AM, Giovanni Orantes wrote:
> **
>
>
> That is correct. I have actually filed a timely motion and he simply
> denies it and says that in the order, which is why I file the motion (for
> the comfort order).
>
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> Board Certified - Business Bankruptcy Law - American Board of Certification
> Board Certified - Consumer Bankruptcy Law - American Board of Certification
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Ditto what Giovanni saidOn Fri, Jan 11, 2013 at 11:53 AM, Giovanni Orantes <go@gobklaw.com> wrote:
That is correct.ys that in the order, which is why I file the motion (for the comfort order).
--
Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.comBoard Certified - Business Bankruptcy Law - American Board of CertificationBoard Certified - Consumer Bankruptcy Law - American Board of Certification
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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That is correct. I have actually filed a timely motion and he simply
denies it and says that in the order, which is why I file the motion (for
the comfort order).
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Board Certified - Business Bankruptcy Law - American Board of Certification
Board Certified - Consumer Bankruptcy Law - American Board of Certification
That is correct. I have actually filed a timely motion and he simply denies it and says that in the order, which is why I file the motion (for the comfort order).--
Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.comBoard Certified - Business Bankruptcy Law - American Board of CertificationBoard Certified - Consumer Bankruptcy Law - American Board of Certification

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I am reopening this thread because I just found out today that Judge Zurzolo will not approve an application requesting a hearing on shortened time if the purpose is to try to get an order continuing the stay within 30 days after the filing date per 362c3. Judge Zurzolo does not consider such a request to meet the requirements of LBR 9075, since he interprets 362c3 to mean that the stay remains in place as to property of the estate after the 30 days have expired.
As far as I know, all other LA division Chapter 13 judges still follow Reswick and require that the motion to continue the stay be heard and approved within 30 days.
>
> I filed one after the 30 day period before J Zurzolo. He denied it but said
> that the stay remained as to property of the estate. This provided the
> authority to go after the creditor for violating the auto stay.
> On Jul 3, 2012 9:08 AM, "John D. Faucher" wrote:
>
> > **
> >
> >
> > Judge Bason certainly rules that way, I have found to my regret.
> >
> > - John D. Faucher
> > 818/889-8080
> >
> >
> > On 7/3/12 9:05 AM, Larry Simons wrote:
> >
> >
> >
> > I was under the impression (mistakenly?) that a motion to continue or
> > impose the stay must be filed and heard within 30 days of filing the case.
> >
> > *From*: R Grace Rodriguez [mailto:rgracelaw@... ]
> >
> > *Sent*: Tuesday, July 03, 2012 08:58 AM
> > *To*: cdcbaa@yahoogroups.com
> > *Subject*: Re: [cdcbaa] 2nd Bankruptcy case and no order in place re
> > stay....
> >
> >
> >
> > Tighe
> >
> >
> > On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan wrote:
> >
> >>
> >>
> >> You can file a motion to extend the stay even though the 30 days have
> >> passed. Which judge is it?
> >> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
> >>
> >>>
> >>>
> >>> Dear members:
> >>>
> >>> PC filed 2nd bankruptcy in place and just got a notice of sale.
> >>> Apparently no motion was made within the 30 days. Sale date is July 12,
> >>> 2012. Talked to lender and they insist on going to sale because of the
> >>> equity in the property. Is it bad faith to request dismissal of case and
> >>> refile because of the mistake?
> >>>
> >>> --
> >>> R. Grace Rodriguez, Esq.
> >>> OFF: (818) 734-7223
> >>> CEL: (818) 554-9922
> >>>
> >>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> >>> notice for ex parte Applications via voicemail or by email. You must comply
> >>> with California Law and give notice to a person in my office during regular
> >>> business hours.
> >>>
> >>> CONFIDENTIALITY STATEMENT: This message contains privileged and
> >>> confidential information and is intended only for the individual named. If
> >>> you are not the intended recipient you should not disseminate, distribute,
> >>> store, print, copy or deliver this message. Please notify the sender
> >>> immediately by e-mail if you have received this e-mail by mistake and
> >>> delete this e-mail from your system.
> >>>
> >>
> >
> >
> > --
> > R. Grace Rodriguez, Esq.
> > OFF: (818) 734-7223
> > CEL: (818) 554-9922
> >
> > NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> > for ex parte Applications via voicemail or by email. You must comply with
> > California Law and give notice to a person in my office during regular
> > business hours.
> >
> > CONFIDENTIALITY STATEMENT: This message contains privileged and
> > confidential information and is intended only for the individual named. If
> > you are not the intended recipient you should not disseminate, distribute,
> > store, print, copy or deliver this message. Please notify the sender
> > immediately by e-mail if you have received this e-mail by mistake and
> > delete this e-mail from your system.
> >
> >
> >
> >
> >
>

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So do you think its bad faith to dismiss and refile putting a 3rd case in
place and ask for emergency order?
Renay
So do you think its bad faith to dismiss and refile putting a 3rd case in place and ask for emergency order?Renay

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I filed one after the 30 day period before J Zurzolo. He denied it but said
that the stay remained as to property of the estate. This provided the
authority to go after the creditor for violating the auto stay.
On Jul 3, 2012 9:08 AM, "John D. Faucher" wrote:
> **
>
>
> Judge Bason certainly rules that way, I have found to my regret.
>
> - John D. Faucher
> 818/889-8080
>
>
> On 7/3/12 9:05 AM, Larry Simons wrote:
>
>
>
> I was under the impression (mistakenly?) that a motion to continue or
> impose the stay must be filed and heard within 30 days of filing the case.
>
> *From*: R Grace Rodriguez [mailto:rgracelaw@gmail.com]
>
> *Sent*: Tuesday, July 03, 2012 08:58 AM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] 2nd Bankruptcy case and no order in place re
> stay....
>
>
>
> Tighe
>
>
> On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan wrote:
>
>>
>>
>> You can file a motion to extend the stay even though the 30 days have
>> passed. Which judge is it?
>> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
>>
>>>
>>>
>>> Dear members:
>>>
>>> PC filed 2nd bankruptcy in place and just got a notice of sale.
>>> Apparently no motion was made within the 30 days. Sale date is July 12,
>>> 2012. Talked to lender and they insist on going to sale because of the
>>> equity in the property. Is it bad faith to request dismissal of case and
>>> refile because of the mistake?
>>>
>>> --
>>> R. Grace Rodriguez, Esq.
>>> OFF: (818) 734-7223
>>> CEL: (818) 554-9922
>>>
>>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
>>> notice for ex parte Applications via voicemail or by email. You must comply
>>> with California Law and give notice to a person in my office during regular
>>> business hours.
>>>
>>> CONFIDENTIALITY STATEMENT: This message contains privileged and
>>> confidential information and is intended only for the individual named. If
>>> you are not the intended recipient you should not disseminate, distribute,
>>> store, print, copy or deliver this message. Please notify the sender
>>> immediately by e-mail if you have received this e-mail by mistake and
>>> delete this e-mail from your system.
>>>
>>
>
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
>
>
>
>
I filed one after the 30 day period before J Zurzolo. He denied it but said that the stay remained as to property of the estate. This provided the authority to go after the creditor for violating the auto stay.
On Jul 3, 2012 9:08 AM, "John D. Faucher" <j.d.faucher@sbcglobal.net> wrote:
Judge Bason certainly rules that way, I
have found to my regret.

- John D. Faucher
818/889-8080


On 7/3/12 9:05 AM, Larry Simons wrote:





I was under
the impression (mistakenly?) that a motion to continue
or impose the stay must be filed and heard within 30
days of filing the case.



From: R Grace
Rodriguez [mailto:rgracelaw@gmail.com]

Sent: Tuesday, July 03, 2012 08:58 AM
To:
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Judge Bason certainly rules that way, I have found to my regret.
- John D. Faucher
818/889-8080
On 7/3/12 9:05 AM, Larry Simons wrote:
>
> I was under the impression (mistakenly?) that a motion to continue or
> impose the stay must be filed and heard within 30 days of filing the case.
>
> *From*: R Grace Rodriguez [mailto:rgracelaw@gmail.com]
> *Sent*: Tuesday, July 03, 2012 08:58 AM
> *To*: cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] 2nd Bankruptcy case and no order in place re
> stay....
>
> Tighe
>
>
> On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan > wrote:
>
> You can file a motion to extend the stay even though the 30 days
> have passed. Which judge is it?
>
> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" > wrote:
>
> Dear members:
>
>
> PC filed 2nd bankruptcy in place and just got a notice of
> sale. Apparently no motion was made within the 30 days. Sale
> date is July 12, 2012. Talked to lender and they insist on
> going to sale because of the equity in the property. Is it
> bad faith to request dismissal of case and refile because of
> the mistake?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept
> e-mail notice for ex parte Applications via voicemail or by
> email. You must comply with California Law and give notice to
> a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged
> and confidential information and is intended only for the
> individual named. If you are not the intended recipient you
> should not disseminate, distribute, store, print, copy or
> deliver this message. Please notify the sender immediately by
> e-mail if you have received this e-mail by mistake and delete
> this e-mail from your system.
>
>
>
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> notice for ex parte Applications via voicemail or by email. You must
> comply with California Law and give notice to a person in my office
> during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual
> named. If you are not the intended recipient you should not
> disseminate, distribute, store, print, copy or deliver this message.
> Please notify the sender immediately by e-mail if you have received
> this e-mail by mistake and delete this e-mail from your system.
>

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Tighe
On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan wrote:
> **
>
>
> You can file a motion to extend the stay even though the 30 days have
> passed. Which judge is it?
> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
>
>> **
>>
>>
>> Dear members:
>>
>> PC filed 2nd bankruptcy in place and just got a notice of sale.
>> Apparently no motion was made within the 30 days. Sale date is July 12,
>> 2012. Talked to lender and they insist on going to sale because of the
>> equity in the property. Is it bad faith to request dismissal of case and
>> refile because of the mistake?
>>
>> --
>> R. Grace Rodriguez, Esq.
>> OFF: (818) 734-7223
>> CEL: (818) 554-9922
>>
>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
>> notice for ex parte Applications via voicemail or by email. You must comply
>> with California Law and give notice to a person in my office during regular
>> business hours.
>>
>> CONFIDENTIALITY STATEMENT: This message contains privileged and
>> confidential information and is intended only for the individual named. If
>> you are not the intended recipient you should not disseminate, distribute,
>> store, print, copy or deliver this message. Please notify the sender
>> immediately by e-mail if you have received this e-mail by mistake and
>> delete this e-mail from your system.
>>
>>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
TigheOn Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
You can file a motion to extend the stay even though the 30 days have passed. Which judge is it?
On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" <rgracelaw@gmail.com> wrote:
Dear members:PC filed 2nd bankruptcy in place and just got a notice of sale. Apparently no motion was made within the 30 days. Sale date is July 12, 2012. Talked to lender and they insist on going to sale because of the equity in the property. Is it bad faith to request dismissal of case and refile because of the mistake?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

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Kirk,
I'm not sure about that. Code is explicit. You must have a hearing within 30 days if 2nd filing. If 3rd, it must be filed within 30 days, hearing can be after. Your only option is to bring a motion under 105 if you need other relief, because 362 won't let you once 30 days elapsed. The 105 motion was once suggested to me by Judge Mund, not sure if other judges will grant one.
Donna R. Dishbak, Esq.
Simon & Resnik, LLP
15233 Ventura Blvd., Suite 300
Sherman Oaks, CA 91403
Telephone: 818-783-6251
Fax: 818-783-6253
donna@simonresniklaw.com
THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE E-MAIL ADDRESS.

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You can file a motion to extend the stay even though the 30 days have
passed. Which judge is it?
On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
> **
>
>
> Dear members:
>
> PC filed 2nd bankruptcy in place and just got a notice of sale.
> Apparently no motion was made within the 30 days. Sale date is July 12,
> 2012. Talked to lender and they insist on going to sale because of the
> equity in the property. Is it bad faith to request dismissal of case and
> refile because of the mistake?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
>
You can file a motion to extend the stay even though the 30 days have passed. Which judge is it?
On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" <rgracelaw@gmail.com> wrote:
Dear members:PC filed 2nd bankruptcy in place and just got a notice of sale. Apparently no motion was made within the 30 days. Sale date is July 12, 2012. Talked to lender and they insist on going to sale because of the equity in the property. Is it bad faith to request dismissal of case and refile because of the mistake?
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