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9013-1(d)(2) - Do I add +3 days to the 21 day notice if mailed?
9013-1(d) says 21 days--no extra 3 days in the rule.
9013-1(d) applies to noticed motions which are set for hearing. The only
exceptions to the 21 day rule in 9013-1(d) are the exceptions for: (1)
motions that may not require a hearing (9013-1(o) and others), claim
objections (30 days), and emergency motions (see LBR 9075).
Clifford Bordeaux
Certified Bankruptcy Specialist*
Bordeaux Law, P.C.
3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010
T: 323-762-5529
F: 626-628-1820
E: cliff@bordeauxlaw.com
WEB: www.bordeauxlaw.com
*By State Bar of California Board of Legal Specialization
On Wed, Oct 22, 2014 at 12:54 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
>
> I agree with Michael and believe it has been the accepted practice in this
> District for many years that the extra 3 days for mailing is only required
> for shout or die motions under 9013-1(o), which is why that extra 3 days
> language is included in the form Notice of Motion. Creditors routinely
> serve Motions for Relief from Stay 21 days before the hearing, and they are
> obviously mailed to the debtor, even if the attorney and trustee are served
> by ECF.
>
>
>
> Interestingly, last week I served and filed a Motion for Relief (Unlawful
> Detainer) exactly 21 days before the hearing date in a Judge Bason case,
> and the Debtors attorney (who has almost no bankruptcy experience per
> PACER) is demanding that I stipulate to continue because she is not an ECF
> user and was served by mail, so she says we needed to add 3 days for
> mailing. I searched Judge Basons relief from stay Tuesday calendars for
> the last few months and found a tentative ruling which read:
>
>
>
> Local Bankruptcy Rule 4001-1(c)(1) (incorporating 9013-1(d)(2)) requires
> that a notice of motion and motion for relief from the automatic stay be
> served on the debtor and the debtors attorney, among others, at least 21
> days prior to the hearing date designated on the notice. The motion was not
> served until 8/20/14 (see dkt. 23), which is less than 21 days before the
> scheduled hearing, which is not timely under the applicable rules, and
> under the circumstances Judge Bason is not persuaded to excuse such
> untimely service.
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
>
> *Certified by State Bar of California as Certified Legal Specialist in
> Bankruptcy Law
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, October 20, 2014 11:57 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day
> notice if mailed?
>
>
>
>
>
> My personal opinion is all you need is a 21 day notice even when serving
> by mail.
>
>
>
> Assuming you want to be overly cautious and to comply with the 21+3 day
> rule then you can circumvent the 3 additional day requirement by personal
> service of either the FRCP 5(b)(2)(a) or (b) type.
>
>
>
> Note: I think a negative notice motion though requires a 17 day notice
> window because the rule specifically says "14 days from date of service"
> which makes it fall under 9006(f). I am obviously reading 9006(f) to apply
> only to those things which the served party must begin to do things once
> they are served.
>
>
>
> The reason I don't think 9006(f) applies to regular motions is because
> they time to respond does not depend on when they are served. If you file a
> motion 60 days ahead of the hearing, they get to oppose 14 days prior. If
> you file 21 days prior to a hearing, opposing party still has to respond 14
> days prior.
>
>
>
> Experience wise I have seen experienced attorneys do both 21 and 24 day
> notice periods. I hope this helps.
>
>
>
> Sincerely,
>
> Michael Avanesian
>
>
>
> On Mon, Oct 20, 2014 at 9:12 PM, 'Leventhal Law Group, P.C.' law@3yl.com
> [cdcbaa] wrote:
>
>
>
> 21 plus 3 days if served by mail!
>
>
>
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
>
>
> 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.
>
>
>
> This email and any attachments thereto may contain private, confidential,
> and privileged material for the sole use of the intended recipient. Any
> review, copying, or distribution of this email (or any attachments thereto)
> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
>
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
>
> -------- Original message --------
>
>
> Date:10/20/2014 8:52 PM (GMT-08:00)
>
> To: cdcbaa
>
> Subject: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day notice if
> mailed?
>
>
>
>
>
> I seem to recall it used to be that we had to give 24 days' notice for a
> motion, but then at some point it changed to 21 days. I still continue to
> calculate 24 days' notice because I cannot break that habit.
>
> Right now, for a particular motion, I really need my notice to be a strict
> 21 days, because I am a day shy of 24. Am I required to add 3 days to a
> mailed notice, or is it a strict 21 days whether mailed or personally
> served?
>
>
>
> Holly Roark
>
> Certified Bankruptcy Specialist*
>
> *and Sports Lawyer*
>
> holly@roarklawoffices.com **primary email address**
>
> www.roarklawoffices.com
>
> Central District of California
>
> Consumer Bankruptcy Attorney
>
> 1875 Century Park East, Suite 600
>
> Los Angeles, CA 90067
>
> T (310) 553-2600
>
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
>
> *Reply via web post*
>
The post was migrated from Yahoo.
I'm going to drop it off in person just in case. I'll be in the
neighborhood.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Mon, Oct 20, 2014 at 11:56 PM, Michael Avanesian michael@avanesianlaw.com
[cdcbaa] wrote:
>
>
> My personal opinion is all you need is a 21 day notice even when serving
> by mail.
>
> Assuming you want to be overly cautious and to comply with the 21+3 day
> rule then you can circumvent the 3 additional day requirement by personal
> service of either the FRCP 5(b)(2)(a) or (b) type.
>
> Note: I think a negative notice motion though requires a 17 day notice
> window because the rule specifically says "14 days from date of service"
> which makes it fall under 9006(f). I am obviously reading 9006(f) to apply
> only to those things which the served party must begin to do things once
> they are served.
>
> The reason I don't think 9006(f) applies to regular motions is because
> they time to respond does not depend on when they are served. If you file a
> motion 60 days ahead of the hearing, they get to oppose 14 days prior. If
> you file 21 days prior to a hearing, opposing party still has to respond 14
> days prior.
>
> Experience wise I have seen experienced attorneys do both 21 and 24 day
> notice periods. I hope this helps.
>
> Sincerely,
> Michael Avanesian
>
> On Mon, Oct 20, 2014 at 9:12 PM, 'Leventhal Law Group, P.C.' law@3yl.com
> [cdcbaa] wrote:
>
>>
>>
>> 21 plus 3 days if served by mail!
>>
>>
>> Jonathan Leventhal, Esq..
>> Leventhal Law Group, P.C.
>> 818-347-5800
>>
>> 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.
>>
>> This email and any attachments thereto may contain private,
>> confidential, and privileged material for the sole use of the intended
>> recipient. Any review, copying, or distribution of this email (or any
>> attachments thereto) by others is strictly prohibited. If you are not the
>> intended recipient, please contact the sender immediately and permanently
>> delete the original and any copies of this email and any attachments
>> thereto.
>>
>> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>>
>> Note: The Leventhal Law Group, P.C. does not represent you until a
>> written fee agreement has been signed by you and a representative of the
>> Leventhal Law Group, P.C. and all fees listed in the agreement have been
>> paid.
>>
>>
>> -------- Original message --------
>> Date:10/20/2014 8:52 PM (GMT-08:00)
>> To: cdcbaa
>> Subject: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day notice if
>> mailed?
>>
>>
>>
>> I seem to recall it used to be that we had to give 24 days' notice for a
>> motion, but then at some point it changed to 21 days. I still continue to
>> calculate 24 days' notice because I cannot break that habit.
>>
>> Right now, for a particular motion, I really need my notice to be a
>> strict 21 days, because I am a day shy of 24. Am I required to add 3 days
>> to a mailed notice, or is it a strict 21 days whether mailed or personally
>> served?
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
>
The post was migrated from Yahoo.
My personal opinion is all you need is a 21 day notice even when serving by
mail.
Assuming you want to be overly cautious and to comply with the 21+3 day
rule then you can circumvent the 3 additional day requirement by personal
service of either the FRCP 5(b)(2)(a) or (b) type.
Note: I think a negative notice motion though requires a 17 day notice
window because the rule specifically says "14 days from date of service"
which makes it fall under 9006(f). I am obviously reading 9006(f) to apply
only to those things which the served party must begin to do things once
they are served.
The reason I don't think 9006(f) applies to regular motions is because they
time to respond does not depend on when they are served. If you file a
motion 60 days ahead of the hearing, they get to oppose 14 days prior. If
you file 21 days prior to a hearing, opposing party still has to respond 14
days prior.
Experience wise I have seen experienced attorneys do both 21 and 24 day
notice periods. I hope this helps.
Sincerely,
Michael Avanesian
On Mon, Oct 20, 2014 at 9:12 PM, 'Leventhal Law Group, P.C.' law@3yl.com
[cdcbaa] wrote:
>
>
> 21 plus 3 days if served by mail!
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> 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.
>
> This email and any attachments thereto may contain private,
> confidential, and privileged material for the sole use of the intended
> recipient. Any review, copying, or distribution of this email (or any
> attachments thereto) by others is strictly prohibited. If you are not the
> intended recipient, please contact the sender immediately and permanently
> delete the original and any copies of this email and any attachments
> thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
> -------- Original message --------
> Date:10/20/2014 8:52 PM (GMT-08:00)
> To: cdcbaa
> Subject: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day notice if
> mailed?
>
>
>
> I seem to recall it used to be that we had to give 24 days' notice for a
> motion, but then at some point it changed to 21 days. I still continue to
> calculate 24 days' notice because I cannot break that habit.
>
> Right now, for a particular motion, I really need my notice to be a strict
> 21 days, because I am a day shy of 24. Am I required to add 3 days to a
> mailed notice, or is it a strict 21 days whether mailed or personally
> served?
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
My personal opinion is all you need is a 21 day notice even when serving by mail.Assuming you want to be overly cautious and to comply with the 21+3 day rule then you can circumvent the 3 additional day requirement by personal service of either the FRCP 5(b)(2)(a) or (b) type.Note: I think a negative notice motion though requires a 17 day notice window because the rule specifically says "14 days from date of service" which makes it fall under 9006(f). I am obviously reading 9006(f) to apply only to those things which the served party must begin to do things once they are served.The reason I don't think 9006(f) applies to regular motions is because they time to respond does not depend on when they are served. If you file a motion 60 days ahead of the hearing, they get to oppose 14 days prior. If you file 21 days prior to a hearing, opposing party still has to respond 14 days prior.Experience wise I have seen experienced attorneys do both 21 and 24 day notice periods. I hope this helps.Sincerely, Michael AvanesianOn Mon, Oct 20, 2014 at 9:12 PM, 'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
21 plus 3 days if served by mail!
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
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.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited.
If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-------- Original message --------
et"_blank">hollyroark22@gmail.com [cdcbaa]"
Date:10/20/2014 8:52 PM (GMT-08:00)
To: cdcbaa
Subject: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day notice if mailed?
I seem to recall it used to be that we had to give 24 days' notice for a motion, but then at some point it changed to 21 days. I still continue to calculate 24 days' notice because I cannot break that habit.
Right now, for a particular motion, I really need my notice to be a strict 21 days, because I am a day shy of 24. Am I required to add 3 days to a mailed notice, or is it a strict 21 days whether mailed or personally served?
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T
The post was migrated from Yahoo.
I seem to recall it used to be that we had to give 24 days' notice for a
motion, but then at some point it changed to 21 days. I still continue to
calculate 24 days' notice because I cannot break that habit.
Right now, for a particular motion, I really need my notice to be a strict
21 days, because I am a day shy of 24. Am I required to add 3 days to a
mailed notice, or is it a strict 21 days whether mailed or personally
served?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
I seem to recall it used to be that we had to give 24 days' notice for a motion, but then at some point it changed to 21 days. I still continue to calculate 24 days' notice because I cannot break that habit. Right now, for a particular motion, I really need my notice to be a strict 21 days, because I am a day shy of 24. Am I required to add 3 days to a mailed notice, or is it a strict 21 days whether mailed or personally served?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.