Central District Consumer Bankruptcy Attorney's Association

it is good to see that Judge Albert and his clerks are debtor friendly...
On Sat, Mar 2, 2013 at 8:46 PM, Mark Jessee wrote:
> **
>
>
> For those of you that practice regularly in Santa Ana, is Judge Albert
> normally slow with signing orders?
>
> I filed a motion for relief from stay (UD) for one of my creditor clients
> where the UD judgment was rendered prepetition, but the Sheriff will not
> enforce it without and order confirming there is no stay. The motion was
> granted as a default by Judge Albert at hearing Feb 5. I promptly uploaded
> the order and served and filed a notice of lodgement of order the same day.
> 25 days later still no issued order. I called chambers several times and
> always receive voicemail for the judicial assistant. The calls were not
> returned. I tried the law clerk who directed me back to the judicial
> assistant's voicemail. I tried talking to the calendar clerk, who basically
> was unfazed by the lengthy delay and told me the Judge signs orders when he
> gets to it. I bit my frustrated tongue and inquired if there was a general
> period of time I should wait before making inquiries to ensure a lodged
> order did not become lost in the shuffle. I received the same response.
>
> I looked up some of the other cases on the same relief from stay calender
> which were also granted. Just like my case, no order issued even though
> everything was lodged on Feb 5. Is this length of wait par for the course
> or was the February 5 calendar just unlucky?
>
> The client is of course quit upset with the delay. I just look forward to
> saying something other than misery loves company....
>
> Mark Jessee
>
>
>
it is good to see that Judge Albert and his clerks are debtor friendly...On Sat, Mar 2, 2013 at 8:46 PM, Mark Jessee <jesseelaw@aol.com> wrote:
For those of you that practice regularly in Santa Ana, is Judge Albert normally slow with signing orders?
I filed a motion for relief from stay (UD) for one of my creditor clients where the UD judgment was rendered prepetition, but the Sheriff will not enforce it without and order confirming there is no stay. The motion was granted as a default by Judge Albert at hearing Feb 5. I promptly uploaded the order and served and filed a notice of lodgement of order the same day. 25 days later still no issued order. I called chambers several times and always receive voicemail for the judicial assistant. The calls were not returned. I tried the law clerk who directed me back to the judicial assistant's voicemail. I tried talking to the calendar clerk, who basically was unfazed by the lengthy delay and told me the Judge signs orders when he gets to it. I bit my frustrated tongue and inquired if there was a general period of time I should wait before making inquiries to ensure a lodged order did not become lost in the shuffle. I received the same response.
I looked up some of the other cases on the same relief from stay calender which were also granted. Just like my case, no order issued even though everything was lodged on Feb 5. Is this length of wait par for the course or was the February 5 calendar just unlucky?
The client is of course quit upset with the delay. I just look forward to saying something other than misery loves company....
Mark Jessee

The post was migrated from Yahoo.

For those of you that practice regularly in Santa Ana, is Judge Albert normally slow with signing orders?
I filed a motion for relief from stay (UD) for one of my creditor clients where the UD judgment was rendered prepetition, but the Sheriff will not enforce it without and order confirming there is no stay. The motion was granted as a default by Judge Albert at hearing Feb 5. I promptly uploaded the order and served and filed a notice of lodgement of order the same day. 25 days later still no issued order. I called chambers several times and always receive voicemail for the judicial assistant. The calls were not returned. I tried the law clerk who directed me back to the judicial assistant's voicemail. I tried talking to the calendar clerk, who basically was unfazed by the lengthy delay and told me the Judge signs orders when he gets to it. I bit my frustrated tongue and inquired if there was a general period of time I should wait before making inquiries to ensure a lodged order did not become lost in the shuffle. I received the same response.
I looked up some of the other cases on the same relief from stay calender which were also granted. Just like my case, no order issued even though everything was lodged on Feb 5. Is this length of wait par for the course or was the February 5 calendar just unlucky?
The client is of course quit upset with the delay. I just look forward to saying something other than misery loves company....
Mark Jessee

The post was migrated from Yahoo.