Central District Consumer Bankruptcy Attorney's Association

LBR 9013-1 generally and LBR 9013-1(c)(2) specifically: "Every motion must
be accompanied by written notice of motion"
Realistically, nobody will oppose your motion, but the judge might deny it
if Notice is lacking.
On Thu, Nov 8, 2012 at 1:44 PM, Kenneth Jay Schwartz wrote:
> **
>
>
> Kirk, do you have any authority other than this is the typical waiting
> period for "scream or die" motions? In reality, who would oppose the
> application?
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, Suite 640
> Woodland Hills, California 91364-2226
> Telephone: (818) 226-1205
> Facsimile : (818) 226-1213
>
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL
> AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS
> MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS
> PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE
> INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE
> DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS
> E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR
> COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
> COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>
>
> ------------------------------
> *From:* Kirk Brennan
> *To:* Cdcbaa Yahoo Listserv
> *Sent:* Thu, November 8, 2012 1:41:07 PM
> *Subject:* Re: [cdcbaa] App for Order that Loan Mod discussion Will Not
> Violate Stay
>
>
>
> I believe the usual rules regarding Motions and Notice of motions apply.
> Therefore, the motion requires Notice.
> If you use "scream or die" notice, then you wait 14 days + 3 days if
> served by mail.
>
>
> On Thu, Nov 8, 2012 at 1:19 PM, Kenneth Schwartz kennethjschwartz@yahoo.com> wrote:
>
>> **
>>
>>
>> In making the Application (Form 4001-1.6) for an order that loan
>> modification discussions will not violate the stay, do you have to wait any
>> requisite periods before lodging the Order?
>>
>>
>
>
> --
> 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.
>
>
>
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.
LBR 9013-1 generally and LBR 9013-1(c)(2) specifically: "Every motion must be accompanied by written notice of motion"Realistically, nobody will oppose your motion, but the judge might deny it if Notice is lacking.
On Thu, Nov 8, 2012 at 1:44 PM, Kenneth Jay Schwartz <kennethjschwartz@yahoo.com> wrote:

The post was migrated from Yahoo.

I believe the usual rules regarding Motions and Notice of motions apply.
Therefore, the motion requires Notice.
If you use "scream or die" notice, then you wait 14 days + 3 days if served
by mail.
On Thu, Nov 8, 2012 at 1:19 PM, Kenneth Schwartz wrote:
> **
>
>
> In making the Application (Form 4001-1.6) for an order that loan
> modification discussions will not violate the stay, do you have to wait any
> requisite periods before lodging the Order?
>
>
>
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.
I believe the usual rules regarding Motions and Notice of motions apply.Therefore, the motion requires Notice.If you use "scream or die" notice, then you wait 14 days + 3 days if served by mail.
On Thu, Nov 8, 2012 at 1:19 PM, Kenneth Schwartz <kennethjschwartz@yahoo.com> wrote:
In making the Application (Form 4001-1.6) for an order that loan modification discussions will not violate the stay, do you have to wait any requisite periods before lodging the Order?
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY 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.

The post was migrated from Yahoo.

In making the Application (Form 4001-1.6) for an order that loan modification discussions will not violate the stay, do you have to wait any requisite periods before lodging the Order?

The post was migrated from Yahoo.