When is a bench warrant issued for nonappearance at ORAP Debtor's Exam?
Posted: Mon Nov 19, 2012 12:05 pm
Take a look at FRBP 2005. Might help.
>
> Thank you, Frank. Ultimately, that's exactly what happened. He showed
> up so we could research the bankruptcy better.
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> Of frank1014
> Sent: Sunday, November 18, 2012 8:47 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: When is a bench warrant issued for nonappearance
> at ORAP Debtor's Exam?
>
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> --- In cdcbaa@yahoogroups.com, "Steven B. Lever" wrote:
> >
> > It used to be I believe that you had to not show up twice before a
> state
> > court judge issued a bench warrant.
> >
> >
> >
> > However, I have also heard it is issued on the first nonappearance.
> >
> >
> >
> > I have a client who has one on Friday, before we can file, and the
> issue
> > is urgent for him.
> >
> >
> >
> > Does anyone know which of the two procedures is followed?
> >
> >
> >
> > Steve
> >
> >
> >
> > Law Offices of Steven B. Lever
> >
> > >
> >
> > > Steven B. Lever
> >
> > >( Tel. (562) 436-5456 ext. 1
> >
> > >( Fax (562) 485-6886
> >
> > >* sblever@
> >
> > > www.leverlaw.com http://www.leverlaw.com/
>
>
>
> In my experience, the bench warrant is issued after the first
> non-appearance. But it is held and not served by the sheriff as long as
> the Debtor appears at the continued date. But I also wonder why the
> Debtor cannot just show up? If he is filing anyway, won't all of the
> relevant information about his assets be disclosed in his petition
> anyway, and it seems unlikely the creditor can execute on anything
> before his filing...... Under these circumstances, I ususally tell the
> Debtor to just show up...
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> >
>
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