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motion to reconsider and stay pending resolution
My client had two orders entered against him. An order granting relief
from stay and also f an order denying a motion to set aside a default (that
led to entry of a UD judgment in a State Court matter, which has been
transferred to BK court with consent of all parties). We noticed
contradictory evidence presented by surprise at the hearing but of which
nobody realized the importance until later and we think it may change the
Court's mind or at least an appellate court's mind. When you appeal, you
can seek stay pending appeal with the court and then go up to the appellate
court and file it again there, too. If you file a motion for
reconsideration based on contradictory evidence presented by surprise at
the hearing but of which nobody realized the importance until later, can
you request a stay? Would it be simply under 105? Can it be done as to
the relief from stay motion? Or can a stay not be revived by vacating the
order granting relief from stay? What say you?
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
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My client had two orders entered against him. An order granting relief from stay and also f an order denying a motion to set aside a default (that led to entry of a UD judgment in a State Court matter, which has been transferred to BK court with consent of all parties). We noticed contradictory evidence presented by surprise at the hearing but of which nobody realized the importance until later and we think it m
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