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Motion for relief from stay after trustee's notice of=
The motion was filed because it needs to be filed. Look at Section 362(c)(1) and (2). A No Asset Report does not remove the property from the estate. The motion will not slow down the discharge. Currently, in the average no asset consumer case in Los Angeles, there will be no discharge until about 3 to 4 months after the 341a Meeting. The system is bogged down with cases, and that slows the process down. Also, there are attorneys out there who will go after creditors for even minor violations of the stay. With everybody and their dog looking for loan modifications or Obama magic, attorneys for mortgage lender have no choice but to protect the interest of their clients (just like you). Getting relief from stay allows lenders to deal with debtors regarding refinance, modification, short sales, etc. That is a good thing for debtors who need those things. Consumer Bankruptcy attorneys should never accuse someone else of running a racket.
To: cdcbaa@yahoogroups.com
Date: Fri, 26 Feb 2010 00:21:28 +0000
Subject: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
It's a racket.
Holly Roark
holly@roarklawoffices.com
>
> Central Dist of CA:
>
>
>
> My client filed a C7 indicating his intent to surrender an underwater house
> he rents out to third parties (who have since left). The trustee filed a
> report of nondistribution last Wednesday, and on Friday the mortgagee filed
> a motion for relief from stay. I don't understand why.
>
>
>
> I am thinking of filing a notice of nonopposition and contact the attorney
> for the bank to arrange for a surrender of the house without a foreclosure
> in exchange for taking the motion off calendar to avoid holding up the
> discharge of the case..but I would appreciate your guidance/input before
> proceeding.
>
>
>
> Thank you.
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@...
>
> www.matthewgaryevanslaw.com
>
>
>
> Member: Consumer Attorneys Association of Los Angeles, Central District
> Consumer Bankruptcy Attorneys Association, National Association of Consumer
> Bankruptcy Attorneys, Pasadena Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
The post was migrated from Yahoo.
Lets see ---- where do I start here?
The 341(a) meeting is usually scheduled 35 days from filing.
A typical no-asset case has a Ch7 Trustee issue his/her No Asset Report within 2 weeks of concluding the 341(a) meeting.
Discharge is usually issued 10-12 weeks after the 341(a) meeting.
Closing of the case occurs usually 2-3 weeks after discharge.
A creditor has relief as to the debtor upon discharge -- but has to wait until the case is closed by the Court Clerk in order to have relief as to the ch7 trustee and the estate.
Why should a lender have to wait until the closing of the case to be able to begin or to proceed with the foreclosure process?
My suggestion is to use the optional RESPONSE TO RFS FORM (on the Court's website under Local Forms) that is basically a check-the-box form to state that there is no opposition. Once filed, there is no appearance necessary by debtor's atty. I personally know that Response to RFS Form was created specifically to make responding to a RFS motion easier.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Thu, Feb 25, 2010 4:21 pm
Subject: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
It's a racket.
Holly Roark
holly@roarklawoffices.com
>
> Central Dist of CA:
>
>
>
> My client filed a C7 indicating his intent to surrender an underwater house
> he rents out to third parties (who have since left). The trustee filed a
> report of nondistribution last Wednesday, and on Friday the mortgagee filed
> a motion for relief from stay. I don't understand why.
>
>
>
> I am thinking of filing a notice of nonopposition and contact the attorney
> for the bank to arrange for a surrender of the house without a foreclosure
> in exchange for taking the motion off calendar to avoid holding up the
> discharge of the case..but I would appreciate your guidance/input before
> proceeding.
>
>
>
> Thank you.
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@...
>
> www.matthewgaryevanslaw.com
>
>
>
> Member: Consumer Attorneys Association of Los Angeles, Central District
> Consumer Bankruptcy Attorneys Association, National Association of Consumer
> Bankruptcy Attorneys, Pasadena Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
Lets see ---- where do I start here?
The 341(a) meeting is usually scheduled 35 days from filing.
A typical no-asset case has a Ch7 Trustee issue his/her No Asset Report within 2 weeks of concluding the 341(a) meeting.
Discharge is usually issued 10-12 weeks after the 341(a) meeting.
Closing of the case occurs usually 2-3 weeks after discharge.
A creditor has relief as to the debtor upon discharge -- but has to wait until the case is closed by the Court Clerk in order to have relief as to the ch7 trustee and the estate.
Why should a lender have to wait until the closing of the case to be able to begin or to proceed with the foreclosure process?
My suggestion is to use the optional RESPONSE TO RFS FORM (on the Court's website under Local Forms) that is basically a check-the-box form to state that there is no opposition. Once filed, there is no appearance necessary by debtor's atty. I personally know that Response to RFS Form was created specifically to make responding to a RFS motion easier.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Thu, Feb 25, 2010 4:21 pm
Subject: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
It's a racket.
Holly Roark
holly@roarklawoffices.com
com, "Matthew Gary Evans" <matthew@...> wrote:
>
> Central Dist of CA:
>
>
>
> My client filed a C7 indicating his intent to surrender an underwater house
> he rents out to third parties (who have since left). The trustee filed a
> report of nondistribution last Wednesday, and on Friday the mortgagee filed
> a motion for relief from stay. I don't understand why.
>
>
>
> I am thinking of filing a notice of nonopposition and contact the attorney
> for the bank to arrange for a surrender of the house without a foreclosure
> in exchange for taking the motion off calendar to avoid holding up the
> discharge of the case..but I would appreciate your guidance/input before
> proceeding.
>
>
>
> Thank you.
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@...
>
> www.matthewgaryevanslaw.com
>
>
>
> Member: Consumer Attorneys Association of Los Angeles, Central District
> Consumer Bankruptcy Attorneys Association, National Association of Consumer
> Bankruptcy Attorneys, Pasadena Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
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The post was migrated from Yahoo.