Form F 4003-2.4.DEC.AFTERDHSCH
Posted: Mon Jan 21, 2019 5:09 pm
Dear Fellow cdcbaaers:
I have been hired to to correct an oversight in a closed Chapter 13 case. While the case was pending the previous attorney successfully prosecuted a ated that the lien would be avoided upon the debtor receiving a discharge. For health reasons the attorney didnt file the requisite declaration upon receipt of discharge and lodge the appropriate order.
I successfully got the case reopened (included the lien holder on the service list certified mail), and now want to file the declaration (Form F 4003-2.4.DEC.AFTERDHSCH) and lodge the order (Form F 4003-2.4.ORDER.AFTERDHSCH). Both forms have a date, time, and location block on the first page, suggesting that I must set this matter for a hearing. However, I have searched the local rules and have not found anything that suggests that a hearing is required. (Its also a bit of a nuisance setting it for a hearing, given the government shutdown.) Is there any authority for requiring a hearing? If not, should the date and time be the date and time in 2011 when the original motion was heard? The judge is Mark Houle.
Its been quite some time since I have avoided a junior lien under discuss 522 motions, but not 506 ones) causes me some concern.
Thanks for your collective wisdom.
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
Important notice required by 11 U.S.C. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
Privacy Warning: The use of e-mail involves risk that the message may be intercepted by third parties (such as the government). Contacting me by email is your acknowledgment that you waive the risk of emails sent to me, and that you waive the risk of emails sent from me to you. Further, accessing websites carries the risk of detection of your access not only in real time, but also by discovery. If you have ANYTHING that is sensitive to convey to me, it should be given in a face-to-face meeting.
IRS Circular 230 Disclosure: In order to comply with the 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.
The post was migrated from Yahoo.