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Do I count an administrative holiday if notice is
Bert,
I think the reasoning behind additional time for legal holidays is that the US Mail system isnot in service on those days, so adverse parties that administrative holidays that fall on the last day to file a response would likely be treated the same way by a judge receiving a pleading filed the day after the administrative holiday.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, December 29, 2014 1:00 PM, "Bert Kawahara bertkawahara@yahoo.com [cdcbaa]" wrote:
[Attachment(s) from Bert Kawahara included below] Notice requires us to not count15th day (plus the mailing) if it is a "legal holiday". What about an "administrative holiday"? Only emergency filings are accepted (over the counter)but does that include a "response"?legal holiday and I have to wait another business day to file my declaration of nonopposition. Any opinions?
Bert Kawahara
ogroups.com>
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, October 22, 2014 1:21 PM
Subject: Re: [cdcbaa] 9013-1(d)(2) - Do I add +3 days to the 21 day notice if mailed?
9013-1(d) applies to noticed motions which are set for hearing. The only exceptions to the 21 day rule in 9013-1(d) are the exceptions for: objections (30 days), and emergency motions (see LBR 9075).
Clifford Bordeaux
Certified Bankruptcy Specialist*Bordeaux Law, P.C.3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010T: 323-762-5529F: 626-628-1820
E: cliff@bordeauxlaw.comWEB: www.bordeauxlaw.com*By State Bar of California Board of Legal Specialization
On Wed, Oct 22, 2014 at 12:54 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
I agree with Michael and believe it has been the accepted practice in this District for many years that the extra 3 days for mailing is only required for shout or die motions under 9013-1(o), which is why that extra 3 days language is included in the form Notice of Motion. Creditors routinely serve Motions for Relief from Stay 21 days before the hearing, and they are obviously mailed to the debtor, even if the attorney and trustee are served by ECF.Interestingly, last week I served and filed a Motion for Relief (Unlawful Detainer) exactly 21 days before the hearing date in a Judge Bason case, and the Debtors attorney (who has almost no bankruptcy experience per PACER) is demanding that I stipulate to continue because she is not an ECF user and was served by mail, so she says we needed to add 3 days for mailing. I searched Judge Basonound a tentative ruling which read: Local Bankruptcy Rule 4001-1(c)(1) (incorporating 9013-1(d)(2)) requires that a notice of motion and motion for relief from the automatic stay be served on the debtor and the debtors attorney, among others, at least 21 days prior to the hearing date designated on the notice. The motion was not served until 8/20/14 (see dkt. 23), which is less than 21 days before the scheduled hearing, which is not timely under the applicable rules, and under the circumstances Judge Bason is not persuaded to excuse such untimely service.James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
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