.jpg)
Motion for Reconsideration and Notice of Motion
By the way, the motion to reconsider not only does not contain a notice,
it does not contain a hearing date and time.
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of my firm shall be
understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury
Department Regulations, we advise you that, unless otherwise expressly
indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code or
applicable state or local tax law provisions or (ii) promoting,
marketing or recommending to another party any tax-related matter
addressed herein.
________________________________
The post was migrated from Yahoo.
Local Bankruptcy Rule 8001-1 states that a notice of appeal must be filed within 14 days. Local Bankruptcy Rule 9013-1(c) states that each motion must be accompanied by a notice of motion.
Here are my facts: case is confirmed. 14 days after the confirmation order is entered, creditor files a motion to reconsider. the motion to reconsider is not accompanied by a notice of motion. the notice of motion if filed 4 days later. Under United Student Funds, Inc. v. Wylie, 349 B.R. 204, if creditor did not file its motion for reconsideration timely, it is limited to an argument related to FRCP 60(b) and not a review of the merits of its original motion.
My question: when was the motion for consideration properly filed?
Has the creditor blown the deadline?
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of my firm shall be understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury Department Regulations, we advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii) promoting, marketing or recommending to another party any tax-related matter addressed herein.
The post was migrated from Yahoo.