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Motion to Reopen Procedures
Jeff: I file a notice of nonopp and upload an order. Some judges expect you to do the work. With a nonopp , the mtn, and an order in an envelope with a ribbon around it, (kidding about the ribbon) you should get an order.
W/o a nonopp, judge's clerk has to search docket, and they are overburdened already.
D
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Aug 6, 2014, at 12:25 PM, "jsmith@cgsattys.com [cdcbaa]" wrote:
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> I filed two motions to re-open cases recently for reasons other than the cert for counseling. The Local Rules (5010-1) say the motion will be acted on without a hearing and instruct not to set a hearing. It also says that the court "may" act on the motion without compliance with LBR 9013-1(a) or (o). As I read that, we do not supply the court with the declaration of no opposition recieved and do not upload the order to reopen.
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> In all my prior experience, the court simply issues the order re-opening or denying re-opening the case, usually in a couple of days. If needed to administer assets the order either does or does not require the Trustee to be re-appointed.
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> In both of my recent cases, Judge BB and Judge CB have done nothing at all for 2 months. Is there some procedureal shift here I am not aware of? I called Judge CB's chambers and they told me to set a hearing on the motion to re-open so that one is handled, but this just seems like there is something new afoot in the way these are handled. A lawyer filed a motion to re-open one of my old cases a few weeks back asking for permission to file an adversary case and judge PC issued the order re-opening the case the same day the motion was filed! I had wanted to oppose it.
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> I'm perplexed.
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> Jeffrey B. Smith**
>
> CURD, GALINDO & SMITH, L.L.P.
>
> 301 East Ocean Blvd. #1700
>
> Long Beach, CA 90802
>
> (562) 624-1177
> (562) 624-1178 fax
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> www.expertbk.com
> **Certified By The State Bar
> Of California As A Specialist
> In Bankruptcy Law
>
>
In Bankruptcy Law
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