Motion to Vacate Bar
Posted: Mon Oct 24, 2016 5:18 pm
I would say this is judge dependent. Do the request for OST again because
the rules do not allow you to use 9013-1(q) based on a failure to make plan
payment. Most likely the other judge will also deny the OST and grant the
motion, but I would protect myself.
Sincerely,
*Michael Avanesian *
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Glendale, CA 91203
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On Mon, Oct 24, 2016 at 4:51 PM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Debtors 1st case was dismissed with a 180 day bar when Debtor failed to
> appear and tender plan payments. I filed a motion to vacate 180 day bar
> with an application to set hearing on shortened notice. The judge denied
> the application as moot and entered the order vacating the bar without a
> hearing the very next day totally awesome! But it feels like there should
> be more to the process here does a motion to vacate bar fall under LBR
> 9013-1(q)(4) or was this was some kind of fluke? LBR 9013-1(q)(4) seems to
> only relate to dismissals when debtor fails to file required documents. I
> have to file another one of these and I want to make sure I really don> have to give notice or move for shortened time.
>
>
>
>
>
> [image: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Phone: 855-378-4080 *
>
> *Fax: 562-249-8435 *
>
> *Licensed in California*
>
> [image: PetitionPartnD05bR08aP01ZL-Madison8a]
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I would say this is judge dependent. Do the request for OST again because the rules do not allow you to use 9013-1(q) based on a failure to make plan payment. Most likely the other judge will also deny the OST and grant the motion, but I would protect myself.Sincerely,Michael Avanesian801 N. Brand Blvd., Suite #1130Glendale, CA 91203Tel: (818) 276-2477 | Fax: (818) 208-4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Mon, Oct 24, 2016 at 4:51 PM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Debtors 1st case was dismissed with a 180 day bar when Debtor failed to appear and tender plan payments. I filed a motion to vacate 180 day bar with an application to set hearing on shortened notice. The judge denied the application
as moot and entered the order vacating the bar without a hearing the very next day totally awesome! But it feels like there should be more to the process here does a motion to vacate bar fall under LBR 9013-1(q)(4) or was this was some kind of fluke? LBR
9013-1(q)(4) seems to only relate to dismissals when debtor fails to file required documents. I have to file another one of these and I want to make sure I really dont have to give notice or move for shortened time.
Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone:
Fax: 562-249-8435
Licensed in California
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