.jpg)
Relief From Stay - Mandatory Forms
charset="windows-1251"
Jim:
The best news is that the case is GM - in the Valley.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Jim Selth
Sent: Wednesday, May 13, 2009 5:19 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Relief From Stay - Mandatory Forms
I think my advice would differ depending on the judge. There are certain
judges in a certain downtown courthouse who would use a non-form Motion as
an excuse to deny it without considering the merits. There are many other
judges who would not put form over substance.
Jim Selth
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles , California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
_____
The post was migrated from Yahoo.
David -Didn't this come up at the program on the new Local Rules and J. Donovansaid (as did J. Zurzolo's clerk) that youshould use the mandatory forms and annotate them to fit your situation. The LBR is pretty clear that they are mandatory, so I'd vote for modifying/annotating the Form. Good Luck.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 13, 2009 4:03:07 PM
Subject: [cdcbaa] Relief From Stay - Mandatory Forms
I want to file a relief from stay motion which does not fit into any of the required forms. One of my arguments is that the stay does not apply.ns are:
1. Tweak one of the forms by adding/deleting language as necessary.
2. Do an old fashion motion on pleading paper
What is the collective wisdom of the group?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale , CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
ication
David - Didn't this come up at the program on the new Local Rules and J. Donovan said (as did J. Zurzolo's clerk) that you should use the mandatory forms and annotate them to fit your situation. The LBR is pretty clear that they are mandatory, so I'd vote for modifying/annotating the Form. Good Luck.
From: David A. Tilem <DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.comSent: Wednesday, May 13, 2009 4:03:07 PMSubject: [cdcbaa] Relief From Stay - Mandatory Forms
I want to file a relief from stay motion which does not fit into any of the required forms. One of my arguments is that the stay does not apply. The other is that relief should be granted for cause. My options are:
1. Tweak one of the forms by adding/deleting language as necessary.
2. Do an old fashion motion on pleading paper
What is the collective wisdom of the group?
The post was migrated from Yahoo.
I think my advice would differ depending on the judge. There are certain judges in a certain downtown courthouse who would use a non-form Motion as an excuse to deny it without considering the merits. There are many other judges who would not put form over substance.
Jim Selth
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles , California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
________________________________
Tilem [DavidTilem@TilemLaw.com]
Sent: Wednesday, May 13, 2009 4:03 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Relief From Stay - Mandatory Forms
I want to file a relief from stay motion which does not fit into any of the required forms. One of my arguments is that the stay does not apply. The other is that relief should be granted for cause. My options are:
1. Tweak one of the forms by adding/deleting language as necessary.
2. Do an old fashion motion on pleading paper
What is the collective wisdom of the group?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
The post was migrated from Yahoo.
charset="windows-1251"
I want to file a relief from stay motion which does not fit into any of the
required forms. One of my arguments is that the stay does not apply. The
other is that relief should be granted for cause. My options are:
1. Tweak one of the forms by adding/deleting language as necessary.
2. Do an old fashion motion on pleading paper
What is the collective wisdom of the group?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
charset="windows-1251"
Message
I want to file a relief
from stay motion which does not fit into any of the required forms. One of
my arguments is that the stay does not apply. The other is that relief
should be granted for cause. My options are:
1. Tweak one of the
forms by adding/deleting language as necessary.
2. Do an old fashion
motion on pleading paper
What is the collective
wisdom of the group?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.