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Motion for Relief
I believe the forms are mandatory, which is policed very strictly -- I've
reviewed a few thousand motions as a law clerk and don't recall anyone
having prepared their own. However, without looking at the motions right
now, my recollection is that there are sections in the motions and orders
that you can use to state facts and seek relief to fit your purposes --
similar to the Miscellaneous provision in the form Chapter 13 plan or
Chapter 11 plan through you can amend the entire plan simply by starting
with "Notwithstanding the foregoing, ...."
Giovanni Orantes, Esq.*
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
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
I believe the forms are mandatory, which is policed very strictly -- I've reviewed a few thousand motions as a law clerk and don't recall anyone having prepared their own. However, without looking at the motions right now, my recollection is that there are sections in the motions and orders that you can use to state facts and seek relief to fit your purposes -- similar to the Miscellaneous provision in the form Chapter 13 plan or Chapter 11 plan through you can amend the entire plan simply by starting with "Notwithstanding the foregoing, ...."
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776
e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General Counsel
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Matt:
I have had this situation and even if the court grants relief I point out
the deficiency in the pleadings and indicate the normal time for notice,
publication etc. and that the movant should be bound by its pleadings and
ask that no sale take place prior to 120 days after the entry of the order,
which would give them sufficient time to publish, post etc. I know,
hindsight is 20/20.
You need to determine if there was a bfp. If there was then I think you
might have a problem with the bfp and only have the damages claim against
the movant. But if it became REO you might get an injunction pending your
resolution of the lawsuit that you need to file in the bankruptcy court.
This is the court of equity where you will get the best result. Again, as
we always say, it depends a large part on your judge! Hope it is S.
Bufford. Service of the Order does not affect the validity of the Order
pronounced in open court.
See ya.
Jim King
-----Original Message-----
Sent: Thursday, October 14, 2004 6:42 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Motion for Relief
MFR was heard a month ago. Relief was granted when client suffered a
stroke and was unable to attend hearing with the funds...On the Motion,
there was no NOD or Sale date. At the hearing, I spoke to the attorney
representing the movant and he indicated there was no NOD or Sale b/c none
was listed..Client was in process of refinancing when the sale
occured..Furthermore, the order was never served on my office due in part to
defective service on only the order granting relief.
Do I have any basis in law or equity to try and rescind the sale based on
the failure to properly list the dates of a NOD or Sale in the MFR?
Any opinions would be greatly appreciated...
The post was migrated from Yahoo.
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MFR was heard a month ago. Relief was granted when client suffered a
stroke and was unable to attend hearing with the funds...On the Motion,
there was no NOD or Sale date. At the hearing, I spoke to the attorney
representing the movant and he indicated there was no NOD or Sale b/c
none was listed..Client was in process of refinancing when the sale
occured..Furthermore, the order was never served on my office due in
part to defective service on only the order granting relief.
Do I have any basis in law or equity to try and rescind the sale based
on the failure to properly list the dates of a NOD or Sale in the MFR?
Any opinions would be greatly appreciated...
The post was migrated from Yahoo.