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Filing Notice of Appeal Before Relief from Stay Order is Signed

Posted: Fri Feb 27, 2015 10:11 am
by Yahoo Bot

Thank you.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Thank you.-- Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
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Filing Notice of Appeal Before Relief from Stay Order is Signed

Posted: Thu Feb 26, 2015 8:49 pm
by Yahoo Bot

Gio:
Best to request a standing motion for a stay pending appeal at the hearing. Next file an emergency motion for a stay pending appeal. If bk court won't give stay pending appeal, you can ask bap for stay pending appeal.
Appeal does not stay the relief, so stay pending appeal is the best relief. Your client will have to post a bond, so be careful.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 26, 2015, at 4:11 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
> I have a client whose non-judicial sale is tomorrow. At a hearing yesterday, the Court granted a motion for relief from stay and said it would waive the 14 day stay. This judge is pretty fast at signing orders. The bank hasn't even uploaded the order yet (as a notice of lodgement would be required) nor has the Judge signed the stay relief order. However, if the order is uploaded at the last minute and the judge signs it close to the foreclosure sale, it would rob us of our opportunity to appeal the stay order (at least because the 14 day stay was waived arbitrarily). Would anybody know if it would be proper to file the notice of appeal already? I've found a case where that was done and the court then entered a written order and the appeal was dismissed as premature.
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail >
> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>

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Filing Notice of Appeal Before Relief from Stay Order is Signed

Posted: Thu Feb 26, 2015 4:29 pm
by Yahoo Bot

Thank you. That's what happens when you review a non-bankruptcy federal
appeals manual. Thank you.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Thank you. That's what happens when you review a non-bankruptcy federal appeals manual. Thank you.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.

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Filing Notice of Appeal Before Relief from Stay Order is Signed

Posted: Thu Feb 26, 2015 4:23 pm
by Yahoo Bot

I'd like to see that case because under FRBP 8002 says this:
(2) *Filing Before the Entry of Judgment*. A notice of appeal filed after
the bankruptcy court announces a decision or orderbut before entry of the
judgment, order, or decreeis treated as filed on the date of and after the
entry.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Thu, Feb 26, 2015 at 4:11 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> I have a client whose non-judicial sale is tomorrow. At a hearing
> yesterday, the Court granted a motion for relief from stay and said it
> would waive the 14 day stay. This judge is pretty fast at signing orders.
> The bank hasn't even uploaded the order yet (as a notice of lodgement would
> be required) nor has the Judge signed the stay relief order. However, if
> the order is uploaded at the last minute and the judge signs it close to
> the foreclosure sale, it would rob us of our opportunity to appeal the stay
> order (at least because the 14 day stay was waived arbitrarily). Would
> anybody know if it would be proper to file the notice of appeal already?
> I've found a case where that was done and the court then entered a written
> order and the appeal was dismissed as premature.
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> to be used, and cannot be used, for the purpose of (i) avoiding penalties
> under the Internal Revenue Code or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
>
>
>
I'd like to see that case because under FRBP 8002 says this:
The post was migrated from Yahoo.

Filing Notice of Appeal Before Relief from Stay Order is Signed

Posted: Thu Feb 26, 2015 4:11 pm
by Yahoo Bot

I have a client whose non-judicial sale is tomorrow. At a hearing
yesterday, the Court granted a motion for relief from stay and said it
would waive the 14 day stay. This judge is pretty fast at signing orders.
The bank hasn't even uploaded the order yet (as a notice of lodgement would
be required) nor has the Judge signed the stay relief order. However, if
the order is uploaded at the last minute and the judge signs it close to
the foreclosure sale, it would rob us of our opportunity to appeal the stay
order (at least because the 14 day stay was waived arbitrarily). Would
anybody know if it would be proper to file the notice of appeal already?
I've found a case where that was done and the court then entered a written
order and the appeal was dismissed as premature.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
I have a client whose non-judicial sale is tomorrow. At a hearing yesterday, the Court granted a motion for relief from stay and said it would waive the 14 day stay. This judge is pretty fast at signing orders. The bank hasn't even uploaded the order yet (as a notice of lodgement would be required) nor has the Judge signed the stay relief order. However, if the order is uploaded at the last minute and the judge signs it close to the foreclosure sale, it would rob us of our opportunity to appeal the stay order (at least because the 14 day stay was waived arbitrarily). Would anybody know if it would be proper to file the notice of appeal already? I've found a case where that was done and the court then entered a written order and the appeal was dismissed as premature.-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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