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Revoking Discharge after Conversion to 13
Nick, take a look at 2-47 of the Court Manual for the chart of whether
reopening is required or not.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/27/2016 4:48:29 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear Bankruptcy Brain Trust,
I had a Chapter 13 client for whom I did a lot of work. I filed a fee appand Judge Zurzolo granted it in January 2014. Shortly thereafter the
clients case was dismissed and he disappeared. I just located him, and would
like to use the services of the U.S. Marshals to garnish his wages. I
called their office and spoke to a very helpful person who told me that I had
to get Judge Zurzolo to issue a writ of execution. I assume I can do thisby motion. I would like to keep the costs down. Since the case is closed,do I have to file a motion to reopen it first, or can I file the motion for
the writ without reopening the case. I havent found anything in the
rules or case law that is on point.
Any thoughts? If you have successfully done this sort of thing, would you please give me the case number so I can mimic your work?
Thanks for your help.
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of
Legal Specialization
Commissioner, California State Bars Bankruptcy Law Advisory Committee
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: _ngebelt@goodbye2debt.com_ (mailto:ngebelt@goodbye2debt.com) ;
_ngebelt@gebeltlaw.com_ (mailto:ngebelt@gebeltlaw.com)
Web: _www.goodbye2debt.com_ (http://www.goodbye2debt.com/)
Blog: _www.southerncaliforniabankruptcylawblog.com/_
The post was migrated from Yahoo.
I believe enforcement proceedings (ie, to execute on your former Fee Order) does not require re-opening. You may need to file an application for writ with a proposed writ.
Here are the forms from the court's website. Good luck collecting.
If they had real property, you may want to record (and have issued an
Abstract of the Judgment/Order). No application for that one. Typically just
submit.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://2/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: _ssoesq@aol.com _ (mailto:ssoesq@aol.com) _www.shaioved.com_
(http://www.shaioved.com/)
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Shai Oved is a debt relief agency which helps people file for bankruptcy under
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In a message dated 1/27/2016 4:48:29 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear Bankruptcy Brain Trust,
I had a Chapter 13 client for whom I did a lot of work. I filed a fee appand Judge Zurzolo granted it in January 2014. Shortly thereafter the
clients case was dismissed and he disappeared. I just located him, and would
like to use the services of the U.S. Marshals to garnish his wages. I
called their office and spoke to a very helpful person who told me that I had
to get Judge Zurzolo to issue a writ of execution. I assume I can do thisby motion. I would like to keep the costs down. Since the case is closed,do I have to file a motion to reopen it first, or can I file the motion for
the writ without reopening the case. I havent found anything in the
rules or case law that is on point.
Any thoughts? If you have successfully done this sort of thing, would you please give me the case number so I can mimic your work?
Thanks for your help.
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of
Legal Specialization
Commissioner, California State Bars Bankruptcy Law Advisory Committee
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: _ngebelt@goodbye2debt.com_ (mailto:ngebelt@goodbye2debt.com) ;
_ngebelt@gebeltlaw.com_ (mailto:ngebelt@gebeltlaw.com)
Web: _www.goodbye2debt.com_ (http://www.goodbye2debt.com/)
Blog: _www.southerncaliforniabankruptcylawblog.com/_
The post was migrated from Yahoo.