Central District Consumer Bankruptcy Attorney's Association

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It is case number 1:09-11485-AA.
Stella

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I would give 60 days from the date of your motion for hardship discharge, on the theory that the creditor would get 60 days in a chapter 7. Let others argue for more time.
- John D. Faucher
________________________________
To: Cdcbaa Yahoo Listserv
Sent: Thursday, January 9, 2014 9:14 AM
Subject: [cdcbaa] motion for hardship discharge
FRBP 4007(d) states in part:
"On motion by a debtor for a discharge under
plaint to
determine the dischargeability of any debt under 523(a)(6) and shall give no
less than 30 days notice of the time fixed to all creditors in the manner
provided in Rule 2002. "
I filed a motion for hardship discharge under 1328(b) and the judge's tentative continued the hearing for debtors attorney to give notice to creditors of the deadline to file 523(a)(6) complaints.
However the court has not set such a deadline. I called the clerk but got no help.
Anyone know how to handle this?
Kirk Brennan
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FRBP 4007(d) states in part:
"On motion by a debtor for a discharge under 1328(b), the court shall
enter an order fixing the time to file a complaint to determine the
dischargeability of any debt under 523(a)(6) and shall give no less than
30 days notice of the time fixed to all creditors in the manner provided
in Rule 2002. "
I filed a motion for hardship discharge under 1328(b) and the judge's
tentative continued the hearing for debtors attorney to give notice to
creditors of the deadline to file 523(a)(6) complaints.
However the court has not set such a deadline. I called the clerk but got
no help.
Anyone know how to handle this?
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
FRBP 4007(d) states in part:"On motion by a debtor for a discharge under
int to
determine the dischargeability of any debt under 523(a)(6) and shall give no
less than 30 days notice of the time fixed to all creditors in the manner
provided in Rule 2002. "I filed a motion for hardship discharge under 1328(b) and the judge's tentative continued the hearing for debtors attorney to give notice to creditors of the deadline to file 523(a)(6) complaints.
However the court has not set such a deadline. I called the clerk but got no help.Anyone know how to handle this? -- Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.