Vacating a dismissal
Posted: Mon Jul 17, 2017 2:48 pm
2 weeks is nothing. I'm going on 5 weeks with Judge Barash on a Fee
App Order.
On 7/17/2017 2:44 PM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
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> Hello esteemed bankruptcy bar:
> Having followed your advice on the inadvertent dismissal of my
> client's case, I filed a motion to vacate the dismissal back in
> mid-June on scream or die basis. I waited the requisite time to
> file my declaration of no hearing requested, and . . . waited.
> It's been two weeks now. I've called chambers twice to ask whether
> the judge needs anything further to sign the order. No response to
> my voicemails.
> I've filed the notice of lodgment and mailed the declaration, even
> though no one opposed the motion. Judge is Saltzman. What else
> should I do to shake loose an order from the court?
> - John D. Faucher
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> On Tuesday, June 13, 2017 12:49 PM, "John Faucher
> j.d.faucher@sbcglobal.net [cdcbaa]" wrote:
>
>
> Hello all:
> I need your help with an embarrassing situation.
> I filed a chapter 13 case, then filed an adversary proceeding to
> redetermine taxes and object to the IRS claim.
> Because the claim hasn't been resolved, confirmation has been
> continued five times.
> For the fifth time, I forgot to get a continuance, didn't show up,
> and got the underlying case dismissed. I immediately filed a
> motion under LBR 1017-2(c) to vacate the dismissal.
> The judge denied the vacation of the dismissal, saying that
> 1017-2(c) relates to not showing up at a section 341 meeting or
> not filing a document, and that's not why this case was dismissed
> (the order gives no reasons, but issued the day after the missed
> confirmation hearing).
> I'm trying to decide how to proceed now.
> 1. Do I refile a motion to vacate the dismissal or reinstate the
> bankruptcy case, asking for the court to exercise equitable powers
> under 105?
> 2. Do I refile the underlying case, and if so, can I associate the
> existing adversary proceeding with the new case, or do I need to
> refile that adversary proceeding too?
> 3. Will the adversary necessarily be dismissed as well? If not,
> should I do nothing with the underlying case and merely prosecute
> the adversary? The debtor can live outside of bankruptcy so long
> as the IRS is kept at bay.
> Thanks for any insight provided here.
> - John D. Faucher
> 818/889-8080
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The post was migrated from Yahoo.