Motion to Extend Automatic Stay
Posted: Wed May 15, 2013 11:07 am
Ooops! Obviously I meant the 30-day window.
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> I have done several of these. I file an "application for order shortening time for hearing in individual case for order imposing a stay or continuing the automatic stay as the court deems appropriate" if there is not a self-calendaring date available within the 3-day window. I always put in something about why the prior case was dismissed and recite that I cannot find a date on the self-calendaring system. Never had a problem getting a hearing.
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> David Commons
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> -- In cdcbaa@yahoogroups.com, "Shannon Doyle" wrote:
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> > Youll want to make sure the motion is heard within the 30 days of filing the petition.
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> > Shannon A. Doyle
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> > Attorney at Law
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> > 100 N. Barranca Avenue, Suite 250
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> > West Covina, CA 91791-1600
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> > Tel: (626) 646-2555
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> > Fax: (626) 332-8644
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> > www.blclaw.com
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> >
Of cdcbaa
> > Sent: Wednesday, May 15, 2013 9:27 AM
> > To: cdcbaa@yahoogroups.com
> > Subject: Re: [cdcbaa] Motion to Extend Automatic Stay
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> > Gerry,
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> > I think the courts are indicating they want an actual hearing, regardless of section 102.
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> > dennis
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> > Sent from my iPad
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> > On May 14, 2013, at 5:56 PM, "Gerald McNally" wrote:
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> > Listmates,
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> > I have to file one of these motions for one of my Chapter 13 clients.
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> > 11 U.S.C. 362(c)(4)(B) provides for a motion to extend the stay > >
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> > But LBR9013-1(o)(2)(B) prohibits the use of a Scream or Die Motion for Motions regarding the stay of 11 U.S.C. 362.
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> > Does anyone have experience with this seeming contradiction?
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> > Gerry
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> > Gerald McNally
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> > McNally & Associates, P.C.
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> > 517 East Wilson Ave., Ste 104
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> > Glendale, CA 91206
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> > 818.507.5100
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> > Fax: 818.507.5001
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> >
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The post was migrated from Yahoo.