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Motion to Dismiss in a Chapter 13
Matt,
Motion can be brought by any party with an interest as Brian says. Also, motion can be brought any time during the case even after confirmation. I saw a case where a car creditor who was being paid only thorugh the plan brought a motion to dismiss for delinquent plan payments (the trustee had not yet filed a motion to dismiss). Since plan payments and payments to creditors are an ongoing concern during the case, this would seem to be an acceptable ground for the motion.
However, since confirmation is (supposed to be) res judicata for most other issues, it doesn't seem that a creditor could use a motion to dismiss to bring up issues that were or should have been adjudicated prior to confirmation.
Melissa Besecker
Melissa Besecker
zomees wrote:
Interesting question that was posed to me by another attorney in
Nevada...
In our district, can a motion to dismiss be brought by any party, at
any time or is there a requirement to have the motion in front of
the court the day of the Chapter 13 confirmation hearing?
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Matt,
Motion can be brought by any party with an interest as Brian says. Also, motion can be brought any time during the case even after confirmation. I saw a case where a car creditor who was being paid only thorugh the plan brought a motion to dismiss for delinquent plan payments (the trustee had not yet filed a motion to dismiss). Since plan payments and payments to creditors are an ongoing concern during the case, this would seem to be an acceptable ground for the motion.
However, since confirmation is (supposed to be) res judicata for most other issues, it doesn't seem that a creditor could use a motion to dismiss to bring up issues that were or should have been adjudicated prior to confirmation.
Melissa Besecker
Melissa Beseckerzomees <Matt@resniklaw.com> wrote:
Interesting question that was posed to me by another attorney in Nevada...In our district, can a motion to dismiss be brought by any party, at any time or is there a requirement to have the motion in front of the court the day of the Chapter 13 confirmation hearing?__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
The post was migrated from Yahoo.
Matt,
Brian is right. 1307(c) motion to dismiss is a regular motion requiring, (I
believe) 24 days notice. My understanding is that it MUST be held on a
Chapter 13 confirmation day, (miscellaneous Ch 13 motions calender), so that
the Chapter 13 Trustee can provide her impute.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Motion to Dismiss in a Chapter 13
>Date: Thu, 03 Mar 2005 19:04:53 -0000
>
>
>
>Interesting question that was posed to me by another attorney in
>Nevada...
>
>In our district, can a motion to dismiss be brought by any party, at
>any time or is there a requirement to have the motion in front of
>the court the day of the Chapter 13 confirmation hearing?
>
>
>
>
>
>
The post was migrated from Yahoo.
Under 1307(c), a motion to dismiss may be brought by a party in interest (ie creditor). There are no time limitations specified in the Local Rules. Of course, most judges will require that the matter be heard on a Chapter 13 day.
Brian D. Wirsching
Law Offices of David A. Tilem
500 N. Brand Blvd., Suite 460
Glendale, CA 91203
Tel: 818-507-6000
Fax: 818-507-6800
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, March 03, 2005 11:04 AM
Subject: [cdcbaa] Motion to Dismiss in a Chapter 13
Interesting question that was posed to me by another attorney in
Nevada...
In our district, can a motion to dismiss be brought by any party, at
any time or is there a requirement to have the motion in front of
the court the day of the Chapter 13 confirmation hearing?
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ADVERTISEMENT
Yahoo! Groups Links
a.. To visit your group on the web, go to:
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b.. To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
Under 1307(c), a motion to dismiss may be brought
by a party in interest (ie creditor). There are no time limitations
specified in the Local Rules. Of course, most judges will require that the
matter be heard on a Chapter 13 day.
Brian D. WirschingLaw Offices of David A.
Tilem500 N. Brand Blvd., Suite 460Glendale, CA 91203Tel:
818-507-6000Fax: 818-507-6800
----- Original Message -----
From:
zomees
To: cdcbaa@yahoogroups.com
Sent: Thursday, March 03, 2005 11:04
AM
Subject: [cdcbaa] Motion to Dismiss in a
Chapter 13
Interesting question that was posed to me by
another attorney in Nevada...In our district, can a motion to dismiss be brought by any party, at any time or is there a requirement to
have the motion in front of the court the day of the Chapter 13
confirmation hearing?
The post was migrated from Yahoo.
Interesting question that was posed to me by another attorney in
Nevada...
In our district, can a motion to dismiss be brought by any party, at
any time or is there a requirement to have the motion in front of
the court the day of the Chapter 13 confirmation hearing?
The post was migrated from Yahoo.