Central District Consumer Bankruptcy Attorney's Association

I filed a Motion to Reopen a dismissed corporate Chapter 11 case on behalf of a creditor on August 26 because there are monies being held by a receiver which can be administered by a trustee if the case is reopened and converted to Chapter 7. I filed the Motion under Local Bankruptcy Rule 5010-1 with no hearing date, with service to all ECF parties plus the Debtor, and with no Notice of Motion as LBR 5010-1 says the motion to reopen may be considered without compliance with LBR 9013-1(a) or LBR 9013-1(o).
So am I just waiting for the judge (PC) to review and rule? Do I lodge an Order?
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law
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As a follow-up:
I called the ECF Desk today to inquire whether one should manually file or
ECF File in a situation like mine where the case I substituted into was
closed and I was seeking an order to reopen. They told me I could do it
either way. Certainly they did not want me to E File the now completed B23
and Certificate of Financial Management until such time as the case were to
be officially reopened. Weird facts when it was not initially your case.
I just received back my confirmed copies of the Motion to Reopen and
Substitution of Attorney from the Riverside Court. Also included with the
Motion was an Order (F5010-1O), a Notice of Entry and envelopes for OUST and
Chapter 7 Trustee.
Will keep you posted on progress, but I can tell you from this point that
the F5010 form is far easier than a free form pleading and order.
Hank
Henry M. Toles, J.D., M.B.A.
Henry M. Toles, A Law Corporation
11746 Goshen Avenue, No. 1
Los Angeles, California 90049-6113
Telephone: (310) 479-1400
Facsimile: (310) 575-0343
E-Mail: hmt@toles.org
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
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Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting them with the filing
of petitions for relief under the United States Bankruptcy Code.
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