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Are Chapter 7 Trustees exempt from the local rules?
I have a case where the following occurred:
1. Trustee filed a motion to employ counsel under LBR 9013-1(o).
I filed an opposition to the trustee's motion and request for hearing.
Under LBR 9013-1(o)(4) the moving party (the trustee) needs to obtain a
hearing date within 14 days of my request or the judge MAY deny his motion
without further Notice or hearing.
Trustee has let the motion sit stale well past the 14 days and has not
obtained a hearing date. Should I go ahead and just file a Notice of
Lodgment denying his motion to employ counsel?
2. In the same case above, I filed a motion under LBR 9013-1(o) to convert
the chapter 7 to a chapter 13.
One creditor filed an opposition and requested a hearing. I am in the
process of timely obtaining a hearing date.
The chapter 7 trustee did not timely file any response to my 9013-1(o)
Motion to convert the case to a Chapter 13 but tells me he is waiting for
me to obtain a hearing date so he can file his opposition. He is LATE. He
did not file any response within the 14+3 days. Is the trustee somehow
exempt from the local rules? Does the 9013-1(o) somehow convert to a
9013-1(c) Motion for the trustee when ONE party files an opposition and
requests a hearing? Will the judge likely entertain his opposition when
it's late?
I am scouring the local rules but there is not much guidance there.
This is a MW case in Riverside. Any guidance from the grey hairs here is
greatly appreciated.
LBR 9013-1(o) says:
(4) Response and Request for Hearing Filed. If a timely response and
request for
hearing is filed and served, within 14 days from the date of service of the
response
and request for hearing the moving party must schedule and give not less
than
14 days notice of a hearing *to those responding and to the United States
trustee*. If
movant fails to obtain a hearing date, the court may deny the motion without
prejudice, without further notice or hearing.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
I have a case where the following occurred:1. Trustee filed a motion to employ counsel under LBR 9013-1(o). I filed an opposition to the trustee's motion and request for hearing.
Under LBR 9013-1(o)(4) the moving party (the trustee)needs to obtain a hearing date within 14 daysof my request or the judge MAYdeny his motion without further Notice or hearing.
Trustee has let the motion sit stale well past the 14 days and has not obtained a hearing date. Should I go ahead and just file a Notice of Lodgment denying his motion to employ counsel?2. In the same case above, I filed a motion under LBR 9013-1(o) to convert the chapter 7 to a chapter 13.
One creditor filed an opposition and requested a hearing. I am in the process of timely obtaining a hearing date.The chapter 7 trustee did not timely file any response to my 9013-1(o) Motion to convert the case to a Chapter 13 but tells me he is waiting for me to obtain a hearing date so he can file his opposition. He is LATE. He did not file anyresponse within the 14+3 days. Is the trustee somehow exempt from the local rules?Does the 9013-1(o) somehow convert to a 9013-1(c) Motion for the trustee when ONE party files an opposition and requests a hearing? Will the judge likely entertain his opposition when it's late?
I am scouring the local rules but there is not much guidance there. This is a MW case in Riverside. Any guidance from the grey hairs here is greatly appreciated.
LBR 9013-1(o) says:(4) Response and Request for Hearing Filed. If a timely response and request for
hearing is filed and served, within 14 days from the date of service of the response
and request for hearing the moving party must schedule and give not less than
14 days notice of a hearing to those responding and to the United States trustee. If
movant fails to obtain a hearing date, the court may deny the motion without
prejudice, without further notice or hearing.oarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
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