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Telephonic notice to Represented Debtor of hearing on
LBR 4001-1(c)(1)(A) requires service on the Debtor in addition to counsel.
(c)(1)(B)(i) has the same requirements if it's not residential so either
way the guy you're kicking out must be told.
This probably falls under the Rule of Professional Conduct 2-100(C)(3)
exception to communications.
Sincerely,
Michael Avanesian
On Mon, Jul 7, 2014 at 9:01 PM, jesseelaw@aol.com [cdcbaa] wrote:
> No. Judge Houle's self calendaring instructions allow for residential
> UD motions to be set for hearing on shortened without order. His
> instructions *"Motions calendared on shortened time in accordance with
> this procedure must be filed with the Court and served on all parties
> entitled to receive notice of the motion so that the moving papers and
> notice of hearing are received not later than 5 court days prior to the
> date of the hearing. Telephonic notice of the date, time and place of the
> hearing on the motion must also be given to all parties entitled to receive
> notice not later than 5 court days prior to the hearing"*
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> In a message dated 7/7/2014 8:56:33 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> Did the order shortening time require telephonic notice to the Debtor?
>
> *Wesley H. Avery*
>
> *Wesley H. Avery, Esq. Bankruptcy Trustee*
> *wavery@rpmlaw.com*
>
>
>
>
> *28005 Smyth Drive, Ste. 117 Valencia, CA 91355-4023 (661) 295-4674
> (office) (661) 430-5467 (fax)
> (661) 618-7376 (cell) *
>
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> *Certified Specialist*
> *Bankruptcy Law*
>
>
> *State Bar of CaliforniaBoard Certified*
> *Business Bankruptcy Law*
> *American Board of Certification*
>
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, July 07, 2014 8:42 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Telephonic notice to Represented Debtor of hearing on
> shortened notice
>
>
>
> I have a UD relief from stay hearing tomorrow morning being heard on
> shortened 5 court day notice. Judge Houles tentative just posted this
> evening is to continue for inadequate telephonic notice to the REPRESENTED
> debtor herself. I gave debtors counsel proper telephonic notice and
> everybody received their copy of the notice of motion and motion at least 5
> court days prior to the hearing. Rule of Professional Conduct 2-100
> prohibits me from calling the represented debtor without permission of her
> counsel. I never have interpreted the local rules to require separate
> telephonic notice to reprented debtors in these situations. In such
> situations is creditors counsel really required to call represented
> debtors counsel and ask for their clients phone number (represented
> clients numbers are not on the petition like they are for pro se debtors)
> and then ask if we can call the debtor directly to communicate notice of
> the hearing and explain the motion? I sure would not want creditor's
> counsel talking to my debtor clients directly on the phone without my
> participation. I know we have limited scope of appearance and that is why
> the debtor receives a copy of the notice of motion and motion, but do local
> rules really require such separate telephonic communication with a
> represented Debtor?
>
> Mark Jessee
>
> (805) 497-5868
>
>
LBR 4001-1(c)(1)(A) requires service on the Debtor in addition to counsel. (c)(1)(B)(i) has the same requi
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