Central District Consumer Bankruptcy Attorney's Association

Mark,
Your are thinking of LBR 3015-1(x)(5) which is an exception to the general
rule.
See also LBR 3015-1(x), beginning portion.
Best,
On Tue, Apr 17, 2012 at 9:51 PM, Mark T. Jessee wrote:
> I disagree. I intepret LBR 9013-1(o)(1)(A)(iii) as requiring notice only
> to those creditors and others who are entitled to notice of the particular
> matter. Why would you need to serve all creditors for a scream or die
> motion if you do not need to serve them with a Notice of Hearing on a
> motion? There are several local rules that limit who needs to be served,
> for instance for supplemental attorney fees in a Chapter 13 less than
> $1,000 scream or die only has to be served on debtor and Chapter 13
> trustee. Sometimes notice is required to all creditors, sometimes it is
> 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)
>
>
>
>
> On Tue, 17 Apr 2012 21:02:48 -0700, Kirk Brennan
> wrote:
>
> ******
>
> My reading is all creditors AND all others entitled to notice (e.g.
> trustee, UST, debtor, etc)
> On Apr 17, 2012 7:54 PM, "Holly Roark"
> wrote:
>
>> **
>>
>>
>> Do I need to serve my notice of motion on* *all creditors, or on >> creditors who are entitled to notice of the particular matter? See text
>> below. Not sure how to construe this. Judge is RK.
>>
>> *(o) Motions and Matters Not Requiring a Hearing.*
>> **
>>
>> (1) Matters That May Be Determined Upon Notice of Opportunity to Request
>> Hearing.
>>
>> Except as to matters specifically noted in subsection (o)(2) below, and
>> as otherwise
>>
>> ordered by the court, any matter that may be set for hearing in
>> accordance with
>>
>> LBR 9013-1 may be determined upon notice of opportunity to request a
>> hearing.
>>
>> (A) Notice. When the notice of opportunity for hearing procedure is used,
>> the
>>
>> notice must:
>>
>> (i) Succinctly and sufficiently describe the nature of the relief sought
>>
>> and set forth the essential facts necessary for a party in interest to
>>
>> determine whether to file a response and request a hearing;
>>
>> (ii) State that LBR 9013-1(o)(1) requires that any response and request
>>
>> for hearing must be filed with the court and served on the movant
>>
>> and the United States trustee within 14 days after the date of service
>>
>> of the notice; and
>>
>> (iii) Be filed with the court and served by the moving party on all
>>
>> creditors and other parties in interest who are entitled to notice of
>>
>> the particular matter.
>>
>> Holly Roark
>> holly@roarklawoffices.com
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>>
>>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Mark,Your are thinking of LBR 3015-1(x)(5) which is an exception to the general rule.See also LBR 3015-1(x), beginning portion.Best,On Tue, Apr 17, 2012 at 9:51 PM, Mark T. Jessee <mjessee@jesseelaw.com> wrote:
I disagree. I intepret LBR
9013-1(o)(1)(A)(iii) asrequiring notice only to those creditors and others
who are entitled to notice of the particular matter. Why would you need to
serve all creditors for a scream or die motion if you do not need to serve them
with a Notice of Hearing on a motion? There are several local rules that
limit who needs to be served, for instance for supplemental attorney fees in a
Chapter 13less than $1,000 scream or die only has to be served on debtor
and Chapter 13 trustee. Sometimes notice is required to all creditors,
sometimes it is not.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
On Tue, 17 Apr 2012 21:02:48 -0700, Kirk Brennan
<kirkinhermosa@gmail.com> wrote:
My reading is all creditors AND all others entitled to notice (e.g. trustee,
UST, debtor, etc)
On Apr 17, 2012 7:54 PM, "Holly Roark" <hollyroark22@gmail.com>
wrote:
Do I need to serve mynotice of motion

The post was migrated from Yahoo.

charsetF-8;
format="flowed"
I disagree. I intepret LBR 9013-1(o)(1)(A)(iii) as requiring notice
only to those creditors and others who are entitled to notice of the
particular matter. Why would you need to serve all creditors for a
scream or die motion if you do not need to serve them with a Notice of
Hearing on a motion? There are several local rules that limit who
needs to be served, for instance for supplemental attorney fees in a
Chapter 13 less than $1,000 scream or die only has to be served on
debtor and Chapter 13 trustee. Sometimes notice is required to all
creditors, sometimes it is 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)
On Tue, 17 Apr 2012 21:02:48 -0700, Kirk Brennan wrote:
My reading is all creditors AND all others entitled to notice (e.g.
trustee, UST, debtor, etc)
On Apr 17, 2012 7:54 PM, "Holly Roark" wrote:
Do I need to serve my notice of motion on all
creditors, or on all creditors who are entitled to notice of
the particular matter? See text below. Not sure how to construethis. Judge is RK.
(o) Motions and Matters Not Requiring a Hearing.
(1) Matters That May Be Determined Upon Notice of Opportunity to
Request Hearing.
Except as to matters specifically noted in subsection (o)(2) below,
and as otherwise
ordered by the court, any matter that may be set for hearing in
accordance with
LBR 9013-1 may be determined upon notice of opportunity to request a hearing.
(A) Notice. When the notice of opportunity for hearing procedure is used, the
notice must:
(i) Succinctly and sufficiently describe the nature of the relief sought
and set forth the essential facts necessary for a party in interest to
determine whether to file a response and request a hearing;
(ii) State that LBR 9013-1(o)(1) requires that any response and request
for hearing must be filed with the court and served on the movant
and the United States trustee within 14 days after the date of service
of the notice; and
(iii) Be filed with the court and served by the moving party on all
creditors and other parties in interest who are entitled to notice of
the particular matter.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
start="1rcm30a9ar0g@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}I disagree. I intepret LBR
9013-1(o)(1)(A)(iii) as requiring notice only to those creditors and others
who are entitled to notice of the particular matter. Why would you need to
serve all creditors for a scream or die motion if you do not need to serve them
with a Notice of Hearing on a motion? There are several local rules that
limit who needs to be served, for instance for supplemental attorney fees in a
Chapter 13 less than $1,000 scream or die only has to be served on debtor
and Chapter 13 trustee. Sometimes notice is required to all creditors,
sometimes it is not.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)
On Tue, 17 Apr 2012 21:02:48 -0700, Kirk Brennan
<kirkinhermosa@gmail.com> wrote:

The post was migrated from Yahoo.

My reading is all creditors AND all others entitled to notice (e.g.
trustee, UST, debtor, etc)
On Apr 17, 2012 7:54 PM, "Holly Roark" wrote:
> **
>
>
> Do I need to serve my notice of motion on* *all creditors, or on > creditors who are entitled to notice of the particular matter? See text
> below. Not sure how to construe this. Judge is RK.
>
> *(o) Motions and Matters Not Requiring a Hearing.*
> * *
>
> (1) Matters That May Be Determined Upon Notice of Opportunity to Request
> Hearing.
>
> Except as to matters specifically noted in subsection (o)(2) below, and as
> otherwise
>
> ordered by the court, any matter that may be set for hearing in accordance
> with
>
> LBR 9013-1 may be determined upon notice of opportunity to request a
> hearing.
>
> (A) Notice. When the notice of opportunity for hearing procedure is used,
> the
>
> notice must:
>
> (i) Succinctly and sufficiently describe the nature of the relief sought
>
> and set forth the essential facts necessary for a party in interest to
>
> determine whether to file a response and request a hearing;
>
> (ii) State that LBR 9013-1(o)(1) requires that any response and request
>
> for hearing must be filed with the court and served on the movant
>
> and the United States trustee within 14 days after the date of service
>
> of the notice; and
>
> (iii) Be filed with the court and served by the moving party on all
>
> creditors and other parties in interest who are entitled to notice of
>
> the particular matter.
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
My reading is all creditors AND all others entitled to notice (e.g. trustee, UST, debtor, etc)
On Apr 17, 2012 7:54 PM, "Holly Roark" <hollyroark22@gmail.com> wrote:
The post was migrated from Yahoo.

Do I need to serve my notice of motion on* *all creditors, or on all
creditors who are entitled to notice of the particular matter? See text
below. Not sure how to construe this. Judge is RK.
*(o) Motions and Matters Not Requiring a Hearing.*
* *
(1) Matters That May Be Determined Upon Notice of Opportunity to Request
Hearing.
Except as to matters specifically noted in subsection (o)(2) below, and as
otherwise
ordered by the court, any matter that may be set for hearing in accordance
with
LBR 9013-1 may be determined upon notice of opportunity to request a
hearing.
(A) Notice. When the notice of opportunity for hearing procedure is used,
the
notice must:
(i) Succinctly and sufficiently describe the nature of the relief sought
and set forth the essential facts necessary for a party in interest to
determine whether to file a response and request a hearing;
(ii) State that LBR 9013-1(o)(1) requires that any response and request
for hearing must be filed with the court and served on the movant
and the United States trustee within 14 days after the date of service
of the notice; and
(iii) Be filed with the court and served by the moving party on all
creditors and other parties in interest who are entitled to notice of
the particular matter.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
Do I need to serve mynotice of motion onall creditors, or onall
creditors who are entitled to notice of the particular matter? See text below. Not sure how to construe this. Judge is RK. (o) Motions and Matters Not Requiring a Hearing.
(1) Matters That May Be Determined Upon Notice of Opportunity to Request Hearing.
Except as to matters specifically noted in subsection (o)(2) below, and as otherwise
ordered by the court, any matter that may be set for hearing in accordance with
LBR 9013-1 may be determined upon notice of opportunity to request a hearing.
(A) Notice. When the notice of opportunity for hearing procedure is used, the
notice must:
(i) Succinctly and sufficiently describe the nature of the relief sought
and set forth the essential facts necessary for a party in interest to
determine whether to file a response and request a hearing;
(ii) State that LBR 9013-1(o)(1) requires that any response and request
for hearing must be filed with the court and served on the movant
and the United States trustee within 14 days after the date of service
of the notice; and
(iii) Be filed with the court and served by the moving party on all
creditors and other parties in interest who are entitled to notice of
the particular matter.Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601

The post was migrated from Yahoo.