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Motion to Extend Automatic Stay
Ooops! Obviously I meant the 30-day window.
>
> I have done several of these. I file an "application for order shortening time for hearing in individual case for order imposing a stay or continuing the automatic stay as the court deems appropriate" if there is not a self-calendaring date available within the 3-day window. I always put in something about why the prior case was dismissed and recite that I cannot find a date on the self-calendaring system. Never had a problem getting a hearing.
>
> David Commons
>
>
>
> -- In cdcbaa@yahoogroups.com, "Shannon Doyle" wrote:
> >
> > Youll want to make sure the motion is heard within the 30 days of filing the petition.
> >
> >
> >
> > Shannon A. Doyle
> >
> > Attorney at Law
> >
> >
> >
> > 100 N. Barranca Avenue, Suite 250
> >
> > West Covina, CA 91791-1600
> >
> > Tel: (626) 646-2555
> >
> > Fax: (626) 332-8644
> >
> > www.blclaw.com
> >
> >
> >
Of cdcbaa
> > Sent: Wednesday, May 15, 2013 9:27 AM
> > To: cdcbaa@yahoogroups.com
> > Subject: Re: [cdcbaa] Motion to Extend Automatic Stay
> >
> >
> >
> >
> >
> > Gerry,
> >
> >
> >
> > I think the courts are indicating they want an actual hearing, regardless of section 102.
> >
> >
> >
> > dennis
> >
> > Sent from my iPad
> >
> >
> > On May 14, 2013, at 5:56 PM, "Gerald McNally" wrote:
> >
> >
> >
> > Listmates,
> >
> >
> >
> > I have to file one of these motions for one of my Chapter 13 clients.
> >
> >
> >
> > 11 U.S.C. 362(c)(4)(B) provides for a motion to extend the stay > >
> >
> >
> > But LBR9013-1(o)(2)(B) prohibits the use of a Scream or Die Motion for Motions regarding the stay of 11 U.S.C. 362.
> >
> >
> >
> > Does anyone have experience with this seeming contradiction?
> >
> >
> >
> > Gerry
> >
> >
> >
> >
> >
> >
> >
> > Gerald McNally
> >
> > McNally & Associates, P.C.
> >
> > 517 East Wilson Ave., Ste 104
> >
> > Glendale, CA 91206
> >
> > 818.507.5100
> >
> > Fax: 818.507.5001
> >
> >
> >
> > Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
> >
> >
> >
> > IRS Circular 230 Disclosure: In order to comply with the 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.
I have done several of these. I file an "application for order shortening time for hearing in individual case for order imposing a stay or continuing the automatic stay as the court deems appropriate" if there is not a self-calendaring date available within the 3-day window. I always put in something about why the prior case was dismissed and recite that I cannot find a date on the self-calendaring system. Never had a problem getting a hearing.
David Commons
>
> Youll want to make sure the motion is heard within the 30 days of filing the petition.
>
>
>
> Shannon A. Doyle
>
> Attorney at Law
>
>
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
>
>
cdcbaa
> Sent: Wednesday, May 15, 2013 9:27 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Motion to Extend Automatic Stay
>
>
>
>
>
> Gerry,
>
>
>
> I think the courts are indicating they want an actual hearing, regardless of section 102.
>
>
>
> dennis
>
> Sent from my iPad
>
>
> On May 14, 2013, at 5:56 PM, "Gerald McNally" wrote:
>
>
>
> Listmates,
>
>
>
> I have to file one of these motions for one of my Chapter 13 clients.
>
>
>
> 11 U.S.C. 362(c)(4)(B) provides for a motion to extend the stay >
>
>
> But LBR9013-1(o)(2)(B) prohibits the use of a Scream or Die Motion for >
>
>
> Does anyone have experience with this seeming contradiction?
>
>
>
> Gerry
>
>
>
>
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
>
>
> Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
>
>
>
> IRS Circular 230 Disclosure: In order to comply with the 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.
Gerry,
I think the courts are indicating they want an actual hearing, regardless of section 102.
dennis
Sent from my iPad
On May 14, 2013, at 5:56 PM, "Gerald McNally" wrote:
> Listmates,
>
>
>
> I have to file one of these motions for one of my Chapter 13 clients.
>
>
>
> 11 U.S.C. 362(c)(4)(B) provides for a motion to extend the stay after notice and a hearing.
>
>
>
> But LBR9013-1(o)(2)(B) prohibits the use of a Scream or Die Motion for >
>
>
> Does anyone have experience with this seeming contradiction?
>
>
>
> Gerry
>
>
>
>
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
>
>
> Notice to Recipient: This email is meant for only the intended recipient of the transmission and may be a communication privileged by law. If you received this email in error, and review, use, dissemination, distribution or copying of this email is strictly prohibited. Please notify us immediately of the error by return email and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation.
>
>
>
> IRS Circular 230 Disclosure: In order to comply with the 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.
Check your judge's policies on the Court's website. Many judges have special procedures for expedited hearings on auto stay motions (motions to extend or impose the stay).
Frank X. Ruggier
Price Law Group, APC
15760 Ventura Blvd., Suite 1100
Encino, CA 91436
Direct: (818) 205-2406
Fax: (818) 907-2106
www.pricelawgroup.com
The post was migrated from Yahoo.
Listmates,
I have to file one of these motions for one of my Chapter 13 clients.
11 U.S.C. 362(c)(4)(B) provides for a motion to extend the stay "after
notice and a hearing.
But LBR9013-1(o)(2)(B) prohibits the use of a Scream or Die Motion for
"Motions regarding the stay of 11 U.S.C. 362."
Does anyone have experience with this seeming contradiction?
Gerry
McNally Bus Card Smaller
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended
recipient of the transmission and may be a communication privileged by
law. If you received this email in error, and review, use,
dissemination, distribution or copying of this email is strictly
prohibited. Please notify us immediately of the error by return email
and please delete this message and any and all duplicates of this
message from your system. Thank you in advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the 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.