2nd Bankruptcy case and no order in place re stay....
Posted: Fri Jan 11, 2013 3:02 pm
I hope I have not bothered any of you with this before, but I fear I have, so my apologies in advance. We finally have a launch date for the Shinbrot Firm website, most of you know we are really not much in the consumer debtor space, except in the litigation area, but I wanted to check in with the requirements of that "We are a Debt Relief Agency" language for the website to make sure we are not in violation of the section- -anyone seen a good article/case that walks me through the requirements? Thanks and stay warm and cozy if you can this weekend.
Jeff Shinbrot
lifford_bordeaux
Sent: Friday, January 11, 2013 11:44 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: 2nd Bankruptcy case and no order in place re stay....
I am reopening this thread because I just found out today that Judge Zurzolo will not approve an application requesting a hearing on shortened time if the purpose is to try to get an order continuing the stay within 30 days after the filing date per 362c3. Judge Zurzolo does not consider such a request to meet the requirements of LBR 9075, since he interprets 362c3 to mean that the stay remains in place as to property of the estate after the 30 days have expired.
As far as I know, all other LA division Chapter 13 judges still follow Reswick and require that the motion to continue the stay be heard and approved within 30 days.
>
> I filed one after the 30 day period before J Zurzolo. He denied it but
> said that the stay remained as to property of the estate. This
> provided the authority to go after the creditor for violating the auto stay.
> On Jul 3, 2012 9:08 AM, "John D. Faucher" wrote:
>
> > **
> >
> >
> > Judge Bason certainly rules that way, I have found to my regret.
> >
> > - John D. Faucher
> > 818/889-8080
> >
> >
> > On 7/3/12 9:05 AM, Larry Simons wrote:
> >
> >
> >
> > I was under the impression (mistakenly?) that a motion to continue
> > or impose the stay must be filed and heard within 30 days of filing the case.
> >
> > *From*: R Grace Rodriguez [mailto:rgracelaw@... ]
> >
> > *Sent*: Tuesday, July 03, 2012 08:58 AM
> > *To*: cdcbaa@yahoogroups.com
> > *Subject*: Re: [cdcbaa] 2nd Bankruptcy case and no order in place re
> > stay....
> >
> >
> >
> > Tighe
> >
> >
> > On Mon, Jul 2, 2012 at 4:34 PM, Kirk Brennan wrote:
> >
> >>
> >>
> >> You can file a motion to extend the stay even though the 30 days
> >> have passed. Which judge is it?
> >> On Jul 2, 2012 4:11 PM, "R Grace Rodriguez" wrote:
> >>
> >>>
> >>>
> >>> Dear members:
> >>>
> >>> PC filed 2nd bankruptcy in place and just got a notice of sale.
> >>> Apparently no motion was made within the 30 days. Sale date is
> >>> July 12, 2012. Talked to lender and they insist on going to sale
> >>> because of the equity in the property. Is it bad faith to request
> >>> dismissal of case and refile because of the mistake?
> >>>
> >>> --
> >>> R. Grace Rodriguez, Esq.
> >>> OFF: (818) 734-7223
> >>> CEL: (818) 554-9922
> >>>
> >>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept
> >>> e-mail notice for ex parte Applications via voicemail or by email.
> >>> You must comply with California Law and give notice to a person in
> >>> my office during regular business hours.
> >>>
> >>> CONFIDENTIALITY STATEMENT: This message contains privileged and
> >>> confidential information and is intended only for the individual
> >>> named. If you are not the intended recipient you should not
> >>> disseminate, distribute, store, print, copy or deliver this
> >>> message. Please notify the sender immediately by e-mail if you
> >>> have received this e-mail by mistake and delete this e-mail from your system.
> >>>
> >>
> >
> >
> > --
> > R. Grace Rodriguez, Esq.
> > OFF: (818) 734-7223
> > CEL: (818) 554-9922
> >
> > NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> > notice for ex parte Applications via voicemail or by email. You must
> > comply with California Law and give notice to a person in my office
> > during regular business hours.
> >
> > CONFIDENTIALITY STATEMENT: This message contains privileged and
> > confidential information and is intended only for the individual
> > named. If you are not the intended recipient you should not
> > disseminate, distribute, store, print, copy or deliver this message.
> > Please notify the sender immediately by e-mail if you have received
> > this e-mail by mistake and delete this e-mail from your system.
> >
> >
> >
> >
> >
>
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