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Procedure Question
charsetndows-1252
On this Thanksgiving I will be thankful for the careful scholars on this list serve!
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Nov 26, 2013, at 4:14 PM, Giovanni Orantes wrote:
>
> Indeed. What Cliff said. Two motions are needed.
>
>
>
> --
> Giovanni Orantes, Esq.
> Certified Bankruptcy Specialist*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> Commercial Litigation
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
> Estate Planning
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail >
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>
>
charsetndows-1252
On this Thanksgiving I will be thankful for the careful scholars on this list serve!Jason
Jason Wallach
The post was migrated from Yahoo.
Indeed. What Cliff said. Two motions are needed.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Commercial Litigation
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Estate Planning
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
Indeed. What Cliff said. Two motions are needed. -- Giovanni Orantes, Esq.Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
Commercial Litigation*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationEstate Planning
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
Under LBR 5010-1(b), I believe a separate motion, which can be filed
concurrently, is required unless you are just reopening the case to file a
financial management cert. I only know this because I rushed a motion to
reopen and vacate dismissal without checking the rule, then I checked the
rule while waiting for my motion to be heard. Judge denied my motion, but
not because of the procedural defect, which didn't seem to be an issue.
Still, I think you technically need two motions in order to comply with
the rule.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E: cliff@bordeauxlaw.com
On Tue, Nov 26, 2013 at 3:45 PM, Jason Wallach wrote:
>
>
> Jeff, I agree it's one motion. I'm not even sure the request to reopen is
> necessary; if the dismissal is vacated, what else could happen?
> Certainly mention it, maybe name it in the caption, but it is one motion.
> Jason
> Jason Wallach
> jwallach@gladstonemichel.com
>
>
>
> On Nov 26, 2013, at 3:21 PM, wrote:
>
>
>
> Client filed a Chapter 7 case that got dismissed and closed with another
> lawyer. It would be better to file a motion to vacate that dismissal under
> Rule 60(b) than to re-file a new case. It hasn't been that long since
> closing.
>
>
> Do I need two SEPERATE motions? Re-Open and Vacate Dismissal? Or, may I
> combine those as they are really the same thing?
>
>
> Jeff Smith
>
>
>
>
Under LBR 5010-1(b), I believe a separate motion, which can be filed concurrently, is required unless you are just reopening the case to file a financial management cert. I only know this because I rushed a motion to reopen and vacate dismissal without checking the rule, then I checked the rule while waiting for my motion to be heard. Judge denied my motion, but not because of the procedural defect, which didn't seem to be an issue. Still, I think you technically need two motions in order to comply with the rule.
Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-628-1820 E:uxlaw.com
The post was migrated from Yahoo.
charsetndows-1252
Jeff, I agree it's one motion. I'm not even sure the request to reopen is necessary; if the dismissal is vacated, what else could happen?
Certainly mention it, maybe name it in the caption, but it is one motion.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Nov 26, 2013, at 3:21 PM, wrote:
>
> Client filed a Chapter 7 case that got dismissed and closed with another lawyer. It would be better to file a motion to vacate that dismissal under Rule 60(b) than to re-file a new case. It hasn't been that long since closing.
>
>
> Do I need two SEPERATE motions? Re-Open and Vacate Dismissal? Or, may I combine those as they are really the same thing?
>
>
> Jeff Smith
>
>
>
charsetndows-1252
Jeff, I agree it's one motion. I'm not even sure the request to reopen is necessary; if the dismissal is vacated, what else could happen?Certainly mention it, maybe name it in the caption, but it is one motion.Jason
Jason Wallach
The post was migrated from Yahoo.