Central District Consumer Bankruptcy Attorney's Association

Hard to say why the court wants a hearing, maybe to decide if a trustee needs to be appointed? But, the court is the court and we do what the people in the black robes want.
d
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On Apr 23, 2013, at 1:44 PM, Catherine Christiansen wrote:
> LBR 5010(e) states no hearing is necessary for Mo to Reopen. Order was rejected requesting hearing on matter by court. Anyone with experience on this? Mo to Reopen is to Amend Schedule B & C. then close after 30 days. >
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>

The post was migrated from Yahoo.

Catherine:
It seems it's 5073-1 (3), and it uses the permissible "may" and has
other wiggle room for the Court.
J. Donovan granted one of mine without a hearing. J. Albert in SA
required a hearing.
Steve
Steven B. Lever
LBR 5010-1. REOPENING CASES
(a) Motion. A motion to reopen a closed bankruptcy case must be
supported by a
declaration establishing a reason or "cause" to reopen. The motion must
not contain a
request for any other relief.
(b) Separate Motion or Adversary Proceeding.
(1) A request for any relief other than the reopening of a case,
including relief based
upon the grounds for reopening the case, must be made in a separate
motion or
adversary proceeding, which may be filed concurrently with the motion to
reopen.
(2) This subsection does not apply to a motion to reopen a case solely
for the purpose
of seeking an extension of time to file Official Form 23, Debtor's
Certification of
Completion of Postpetition Instructional Course Concerning Personal
Financial
Management.
71 1/13
LBR 5073-1
(c) Notice. The movant must give notice of the motion to any former
trustee in the case and
the United States trustee.
(d) Fee. If a fee is required, the movant must pay the fee upon the
filing of the motion
to reopen, unless otherwise ordered by the court.
(e) Motion May Be Considered Without a Hearing. A motion to reopen may
be
considered without compliance with LBR 9013-1(a) or LBR 9013-1(o). The
movant
must not calendar a hearing date nor will a hearing be held on the
motion, unless
otherwise ordered by the court.
(f) Assignment. The motion will be assigned to the judge to whom the
case was last
assigned, if still in office; otherwise, the motion will be assigned at
random by the clerk
to a judge to hear and rule upon the request.
(g) Closing of Case. If no motion or adversary proceeding is pending 30
days after the
case is reopened and if

The post was migrated from Yahoo.

LBR 5010(e) states no hearing is necessary for Mo to Reopen. Order was rejected requesting hearing on matter by court. Anyone with experience on this? Mo to Reopen is to Amend Schedule B & C. then close after 30 days.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com

The post was migrated from Yahoo.