Telephonic notice to Represented Debtor of hearing on=20
Posted: Mon Jul 07, 2014 9:01 pm
No. Judge Houle's self calendaring instructions allow for residential UDmotions to be set for hearing on shortened without order. His instructions
"Motions calendared on shortened time in accordance with this procedure
must be filed with the Court and served on all parties entitled to receivenotice of the motion so that the moving papers and notice of hearing are
received not later than 5 court days prior to the date of the hearing. Telephonic notice of the date, time and place of the hearing on the motion must
also be given to all parties entitled to receive notice not later than 5
court days prior to the hearing"
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 7/7/2014 8:56:33 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Did the order shortening time require telephonic notice to the Debtor?
Wesley H. Avery
Wesley H. Avery, Esq.
Bankruptcy Trustee
_wavery@rpmlaw.com_ (mailto:wavery@rpmlaw.com)
28005 Smyth Drive, Ste. 117
Valencia, CA 91355-4023
(661) 295-4674 (office)
(661) 430-5467 (fax)
(661) 618-7376 (cell)
Certified Specialist
Bankruptcy Law
State Bar of California
Board Certified
Business Bankruptcy Law
American Board of Certification
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Sent: Monday, July 07, 2014 8:42 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Telephonic notice to Represented Debtor of hearing on
shortened notice
I have a UD relief from stay hearing tomorrow morning being heard on
shortened 5 court day notice. Judge Houles tentative just posted this evening
is to continue for inadequate telephonic notice to the REPRESENTED debtorherself. I gave debtors counsel proper telephonic notice and everybody
received their copy of the notice of motion and motion at least 5 court days
prior to the hearing. Rule of Professional Conduct 2-100 prohibits me from
calling the represented debtor without permission of her counsel. I neverhave interpreted the local rules to require separate telephonic notice toreprented debtors in these situations. In such situations is creditorcounsel really required to call represented debtors counsel and ask for their
clients phone number (represented clients numbers are not on the
petition like they are for pro se debtors) and then ask if we can call the debtor
directly to communicate notice of the hearing and explain the motion? I
sure would not want creditor's counsel talking to my debtor clients directly
on the phone without my participation. I know we have limited scope of
appearance and that is why the debtor receives a copy of the notice of motion
and motion, but do local rules really require such separate telephonic
communication with a represented Debtor?
Mark Jessee
(805) 497-5868
No. Judge Houle's self calendaring instructions allow for residential
UD motions to be set for hearing on shortened without order. His
instructions "Motions calendared on shortened time in accordance with this
procedure must be filed with the Court and served on all parties entitled to
receive notice of the motion so that the moving papers and notice of hearing
are received not later than 5 court days prior to the date of the
hearing. Telephonic notice of the date, time and place of the hearing on
the motion must also be given to all parties entitled to receive notice notlater than 5 court days prior to the hearing"
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 7/7/2014 8:56:33 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Did the order shortening time
require telephonic notice to the Debtor?
Wesley H.
AveryWesley H.
Avery, Esq. Bankruptcy Trustee
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