Thanks. But don't emergency motions generally set a finite period of time
(e.g. 2 months), whereas the final hearing would cover a longer period of
time?
On Aug 8, 2012 9:55 PM, "Jeffrey S. Shinbrot"
wrote:
> **
>
>
> So the emergency motion would get granted on an interim basis at that
> first hearing, court sets final hearing on the same motion (usu final
> hearing date is in the order granting interim use) since there is a final
> hearing on the same motion, there is not a second motion filed, but lot of
> times you supplement the motion with additional evidence like budgets and
> evidence of value of collateral, also most of these motions settle with a
> stip (budget gets negotiated, adequate protectection payments get
> negotiated etc.).
>
> Jeffrey S. Shinbrot, Esquire
> THE SHINBROT FIRM
> 8200 Wilshire Boulevard
> Suite 400
> Beverly Hills, California 90211
> Phone: (310) 659-5444
>
jeffrey@shinbrotfirm.com
> This message contains information that may be confidential and privileged.
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>
>
> *From*: Kirk Brennan [mailto:
kirkinhermosa@gmail.com]
> *Sent*: Wednesday, August 08, 2012 09:43 PM
> *To*:
cdcbaa@yahoogroups.com
> *Subject*: Re: [cdcbaa] motion to use cash collateral- proposed order
>
> When an emergency motion for use of cash collateral is filed and granted
> which states a limited period of time (e.g. 2 months) for use of cash
> collateral, is a separate (non-emergency) motion for use of cash collateral
> generally filed to cover the case until plan confirmation or conversion?
>
>
>
> On Wed, Aug 8, 2012 at 2:33 PM, Jeffrey S. Shinbrot
jeffrey@shinbrotfirm.com> wrote:
>
>> **
>>
>>
>> Right, I like to have it uploaded and take the LOU doc number with me.
>>
>> Jeffrey S. Shinbrot, Esquire
>> THE SHINBROT FIRM
>> 8200 Wilshire Boulevard
>> Suite 400
>> Beverly Hills, California 90211
>> Phone: (310) 659-5444
>>
jeffrey@shinbrotfirm.com
>> This message contains information that may be confidential and
>> privileged. Unless you are the addressee (or authorized to receive for the
>> addressee) you may not use, copy or disclose this message or any
>> information contained in or attached to this message. If you have received
>> this message in error, please advise the sender and delete or destroy the
>> message and any copies of it. Circular 230 Disclosure. United States
>> Treasury regulations effective June 21, 2005 require us to notify you that
>> to the extent that this communication, or any of its attachments, contains
>> or constitutes advice regarding any U.S. Federal tax issue, such advice is
>> not intended or written to be used, and cannot be used, by any person for
>> the purpose of avoiding any penalties that may be imposed by the Internal
>> Revenue Service. If you are not the original addressee of this
>> communication, and if any tax advice in the communication or any of its
>> attachments is being used to promote, market, or recommend any transaction
>> or investment to you, the Treasury regulations require us to notify you
>> that (1) the advice was written to support the promotion or marketing of
>> the transaction or investment, and (2) you should seek advice from an
>> independent tax advisor regarding the transaction or investment based on
>> your particular circumstances.
>>
>>
>> *From*: Jeffrey S. Shinbrot [mailto:
jeffrey@shinbrotfirm.com]
>> *Sent*: Wednesday, August 08, 2012 02:12 PM
>> *To*:
cdcbaa@yahoogroups.com
>> *Subject*: Re: [cdcbaa] motion to use cash collateral- proposed order
>>
>> I do same as Joe, esp if 1st day motion, some judges will call the LOU
>> order up from the bench at the hearing and change and sign.
>>
>> Jeffrey S. Shinbrot, Esquire
>> THE SHINBROT FIRM
>> 8200 Wilshire Boulevard
>> Suite 400
>> Beverly Hills, California 90211
>> Phone: (310) 659-5444
>>
jeffrey@shinbrotfirm.com
>> This message contains information that may be confidential and
>> privileged. Unless you are the addressee (or authorized to receive for the
>> addressee) you may not use, copy or disclose this message or any
>> information contained in or attached to this message. If you have received
>> this message in error, please advise the sender and delete or destroy the
>> message and any copies of it. Circular 230 Disclosure. United States
>> Treasury regulations effective June 21, 2005 require us to notify you that
>> to the extent that this communication, or any of its attachments, contains
>> or constitutes advice regarding any U.S. Federal tax issue, such advice is
>> not intended or written to be used, and cannot be used, by any person for
>> the purpose of avoiding any penalties that may be imposed by the Internal
>> Revenue Service. If you are not the original addressee of this
>> communication, and if any tax advice in the communication or any of its
>> attachments is being used to promote, market, or recommend any transaction
>> or investment to you, the Treasury regulations require us to notify you
>> that (1) the advice was written to support the promotion or marketing of
>> the transaction or investment, and (2) you should seek advice from an
>> independent tax advisor regarding the transaction or investment based on
>> your particular circumstances.
>>
>>
>> *From*: Joseph E. Caceres [mailto:
JEC@locs.com]
>> *Sent*: Wednesday, August 08, 2012 01:57 PM
>> *To*:
cdcbaa@yahoogroups.com
>> *Subject*: RE: [cdcbaa] motion to use cash collateral- proposed order
>>
>>
>> I usually attach the proposed order as an exhibit to the motion and lodge
>> an order later after the court makes whatever ruling it makes.****
>>
>> ** **
>>
>> Joseph E. Caceres, Esq.
>> Caceres & Shamash, LLP
>> 8200 Wilshire Blvd., Suite 400
>> Beverly Hills, CA 90211
>> Tel: (310) 205-3400
>> Fax: (310) 878-8308
>> E-mail:
jec@locs.com****
>>
>> ** **
>>
>> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On
>> Behalf Of *Kirk Brennan
>> *Sent:* Wednesday, August 08, 2012 1:26 PM
>> *To:* Cdcbaa Yahoo Listserv
>> *Subject:* [cdcbaa] motion to use cash collateral- proposed order****
>>
>> ** **
>>
>> ****
>>
>> Is the proposed form of order that accompanies a motion to use cash
>> collateral attached to the motion itself? or lodged using LOU? or
>> otherwise?
>> FRBP 4001(b)(1)(A) does not specify.
>>
>> Thanks,
>>
>> --
>> Kirk Brennan, esq.
>> California Law Offi ce, P.C.
>>
www.calibankruptcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
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>> ------------------------------
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>>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
>
www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Thanks. But don't emergency motions generally set a finite period of time (e.g. 2 months), whereas the final hearing would cover a longer period of time?
On Aug 8, 2012 9:55 PM, "Jeffrey S. Shinbrot" <
jeffrey@shinbrotfirm.com> wrote:
So the emergency motion would get granted on an interim basis at that first hearing, court sets final hearing on the same motion (usu final hearing date is in the order granting interim use) since there is a final hearing on the same motion, there is not a second motion filed, but lot of times you supplement the motion with additional evidence like budgets and evidence of value of collateral, also most of these motions settle with a stip (budget gets negotiated, adequate protectection payments get negotiated etc.).
Jeffrey S. Shinbrot, Esquire
THE SHINBROT FIRM
8200 Wilshire Boulevard
Suite 400
Beverly Hills, California 90211
Phone: (310) 659-5444
jeffrey@shinbrotfirm.com
This message contains information that may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee) you may not use, copy or disclose this message or any information contained in or attached to this message. If you have received this message in error, please advise the sender and delete or destroy the message and any copies of it. Circular 230 Disclosure. United States Treasury regulations effective June 21, 2005 require us to notify you that to the extent that this communication, or any of its attachments, contains or constitutes advice regarding any U.S. Federal tax issue, such advice is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Service. If you are not the original addressee of this communication, and if any tax advice in the communication or any of its attachments is being used to promote, market, or recommend any transaction or investment to you, the Treasury regulations require us to notify you that (1) the advice was written to support the promotion or marketing of the transaction or investment, and (2) you should seek advice from an independent tax advisor regarding the transaction or investment based on your particular circumstances.
From: Kirk Brennan [mailto:
kirkinhermosa@gmail.com]
Sent: Wednesday, August 08, 2012 09:43 PMTo:
The post was migrated from Yahoo.