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When is a bench warrant issued for nonappearance at ORAP Debtor's Exam?
Take a look at FRBP 2005. Might help.
>
> Thank you, Frank. Ultimately, that's exactly what happened. He showed
> up so we could research the bankruptcy better.
>
>
>
> Of frank1014
> Sent: Sunday, November 18, 2012 8:47 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: When is a bench warrant issued for nonappearance
> at ORAP Debtor's Exam?
>
>
>
>
>
>
> --- In cdcbaa@yahoogroups.com, "Steven B. Lever" wrote:
> >
> > It used to be I believe that you had to not show up twice before a
> state
> > court judge issued a bench warrant.
> >
> >
> >
> > However, I have also heard it is issued on the first nonappearance.
> >
> >
> >
> > I have a client who has one on Friday, before we can file, and the
> issue
> > is urgent for him.
> >
> >
> >
> > Does anyone know which of the two procedures is followed?
> >
> >
> >
> > Steve
> >
> >
> >
> > Law Offices of Steven B. Lever
> >
> > >
> >
> > > Steven B. Lever
> >
> > >( Tel. (562) 436-5456 ext. 1
> >
> > >( Fax (562) 485-6886
> >
> > >* sblever@
> >
> > > www.leverlaw.com http://www.leverlaw.com/
>
>
>
> In my experience, the bench warrant is issued after the first
> non-appearance. But it is held and not served by the sheriff as long as
> the Debtor appears at the continued date. But I also wonder why the
> Debtor cannot just show up? If he is filing anyway, won't all of the
> relevant information about his assets be disclosed in his petition
> anyway, and it seems unlikely the creditor can execute on anything
> before his filing...... Under these circumstances, I ususally tell the
> Debtor to just show up...
>
>
> >
>
The post was migrated from Yahoo.
>
> It used to be I believe that you had to not show up twice before a
state
> court judge issued a bench warrant.
>
>
>
> However, I have also heard it is issued on the first nonappearance.
>
>
>
> I have a client who has one on Friday, before we can file, and the
issue
> is urgent for him.
>
>
>
> Does anyone know which of the two procedures is followed?
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@...
>
> > www.leverlaw.com http://www.leverlaw.com/
In my experience, the bench warrant is issued after the first
non-appearance. But it is held and not served by the sheriff as long as
the Debtor appears at the continued date. But I also wonder why the
Debtor cannot just show up? If he is filing anyway, won't all of the
relevant information about his assets be disclosed in his petition
anyway, and it seems unlikely the creditor can execute on anything
before his filing...... Under these circumstances, I ususally tell the
Debtor to just show up...
>
--- In cdcbaa@yahoogroups.com, "Steven B. Lever" <sblever@...> wrote:>> It used to be I believe that you had to not show up twice before a state> court judge issued a bench warrant.> > > > However, I have also heard it is issued on the first nonappearance.> > > > I have a client who has one on Friday, before we can file, and the issue> is urgent for him.> > > > Does anyone know which of the two procedures is followed?> > > > Steve > > > > Law Offices of Steven B. Lever> > > > > > Steven B. Lever> > >( Tel. (562) 436-5456 ext. 1> > >( Fax (562) 485-6886> > >* sblever@...> > > www.leverlaw.com http://www.leverlaw.com/
In my experience, the bench warrant is issued after the first non-appearance. But it is held and not served by the sheriff as long as the Debtor appears at the continued date. But I also wonder why the Debtor cannot just show up? If he is filing anyway, won't all of the relevant information about his assets be disclosed in his petition anyway, and it seems unlikely the creditor can execute on anything before his filing...... Under these circumstances, I ususally tell the Debtor to just show up...
>
The post was migrated from Yahoo.
It used to be I believe that you had to not show up twice before a state
court judge issued a bench warrant.
However, I have also heard it is issued on the first nonappearance.
I have a client who has one on Friday, before we can file, and the issue
is urgent for him.
Does anyone know which of the two procedures is followed?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
The post was migrated from Yahoo.