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Statutory or case law authority
I'm not aware of any and have never seen it done.
On Nov 5, 2016 10:41 AM, "Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa]" wrote:
>
>
> Dear Colleagues,
>
>
>
> Fed. R. Bankr. Proc. 3007 (b) permits the objector (not the judge) to
> include a claim objection in an adversary proceeding. Fed. R. Bankr. Proc.
> 9014(c) allows the Bankruptcy Court to apply adversary proceeding rules to
> a contested matter and a claim objection is a contested matter > doesnt say that the contested matter becomes an adversary proceeding with
> an adversary proceeding case number.
>
> Is there any statutory or case law authority empowering a bankruptcy judge
> to convert *sua sponte * a claim objection proceeding to an adversary
> proceeding, and assign it an adversary proceeding case number?
>
>
>
> Thank you for your insight.
>
>
>
> Nick
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist State Bar of California Board of
> Legal Specialization
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
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I'm not aware of any and have never seen it done.
On Nov 5, 2016 10:41 AM, "Nicholas Gebelt ngebelt@gebeltlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Dear Colleagues,
Fed. R. Bankr. Proc. 3007 (b) permits the objector (not the judge) to include a claim objection in an adversary proceeding. Fed. R. Bankr. Proc. 9014(c) allows
the Bankruptcy Court to apply adversary proceeding rules to a contested matter and a claim objection is a contested matter but it doesnt say that the contested matter becomes an adversary proceeding with an adversary proceeding case number.
Is there any statutory or case law authority empowering a bankruptcy judge to convert
sua sponte a claim objection proceeding to an adversary proceeding, and assign it an adversary proceeding case number?
Thank you for your insight.
Nick
Nicholas Gebelt
an>
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
an>
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX:et"_blank">562.946.1365
Email:
ngebelt@goodbye2debt.com;
ngebelt@gebeltlaw.com
Web:www.goodbye2debt.com
Blog:www.southerncaliforniabankruptcylawblog.com/
an>
Important notice required by 11 U.S.C. 528:
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient,
or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail
info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
Privacy Warning:
The use of e-mail involves risk that the message may be intercepted by third parties (such as the government). Contacting me by email is your acknowledgment that you waive
the risk of emails sent to me, and that you waive the risk of emails sent from me to you. Further, accessing websites carries the risk of detection of your access not only in real time, but also by discovery. If you have ANYTHING that is sensitive to convey
to me, it should be given in a face-to-face meeting.
IRS Circular 230 Disclosure:
In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments)
is not intended to be used, and cannot be used, 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.
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