Central District Consumer Bankruptcy Attorney's Association

Judge Tighe's model motion contains all the elements that should be in a Lam
Motion. You can find it in her section of the Court's website. Of course,
for other judges, you may want to recreate it in non-form format and cite *
Lam* etc, but if you hit all the points in her motion, you are covered.
On Mon, Oct 11, 2010 at 1:40 PM, Nancy Clark wrote:
>
>
> For all you who are looking for a sample of a motion or pleading I have a
> couple of suggestions. First, feel free to review our saved files. Click on
> visit your group and it will take you to the listserv and the files that
> have been posted. You may have to include your user name and password. In
> this case, there is a sample Lam Motion. Second, you may want to review the
> courts website. There you will find the tentative rulings with the case
> numbers for all sorts of matters. If you find a tentative ruling on a motion
> you wish to file that grants the motion, take the case number and look the
> case up in Pacer. There you will find all the pleadings related to the
> matter and can see samples of your colleagues hard work.
>
>
>
> Happy hunting!
>
>
>
> Thank you,
>
> *Nancy B. Clark*
>
> **
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791
>
> Office: (626) 332-8600
>
> Fax: (626) 332-8644
>
>
>
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> given nor endorsed by it.
>
>
>
> IRS Circular 230 Disclosure: To ensure compliance with Treasury Department
> Regulations, we advise you that, unless otherwise expressly indicated, any
> federal tax advice contained in this communication was
>
> not intended or written to be used, and cannot be used, for the purpose of
> (i) avoiding tax-related penalties under the Internal Revenue Code or
> applicable state or local tax law provisions or (ii) promoting, marketing or
> recommending to another party any tax-related matter addressed herein.
>
>
> ------------------------------
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Law Offices of Jonathan Leventhal
> *Sent:* Saturday, October 09, 2010 9:56 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Lam motions
>
>
>
>
>
> Does anyone have a sample Lam motion or a case number they wish to share?
>
> Thank you in advance.
>
> Jonathan Leventhal
> Attorney at Law
> 818-347-5800
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
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Los Angeles, CA 90010
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Judge Tighe's model motion contains all the elements that should be in a Lam Motion. You can find it in her section of the Court's website. mat and cite Lam etc, but if you hit all the points in her motion, you are covered.
On Mon, Oct 11, 2010 at 1:40 PM, Nancy Clark <nclark@blclaw.com> wrote:
For all you who are looking for a sample
of a motion or pleading I have a couple of suggestions. First, feel free to
review our saved files. Click on visit your group and it will
take you to the listserv and the files that have been posted. You may have to
include your user name and password. In this case, there is a sample Lam
Motion. Second, you may want to review the courts website. There you
will find the tentative rulings with the case numbers for all sorts of matters.
If you find a tentative ruling on a motion you wish to file that grants the motion,
take the case number and look the case up in Pacer. There you will find all the
pleadings related to the matter and can see samples of your colleagues
hard work.

The post was migrated from Yahoo.

For all you who are looking for a sample of a motion or pleading I have
a couple of suggestions. First, feel free to review our saved files.
Click on "visit your group" and it will take you to the listserv and the
files that have been posted. You may have to include your user name and
password. In this case, there is a sample Lam Motion. Second, you may
want to review the court's website. There you will find the tentative
rulings with the case numbers for all sorts of matters. If you find a
tentative ruling on a motion you wish to file that grants the motion,
take the case number and look the case up in Pacer. There you will find
all the pleadings related to the matter and can see samples of your
colleagues' hard work.
Happy hunting!
Thank you,
Nancy B. Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not copy or deliver
this message to anyone. In such case, you should destroy this message
and kindly notify the sender by reply email. Please advise immediately
if you or your employer does not consent to Internet email for messages
of this kind. Opinions, conclusions and other information in this
message that do not relate to the official business of my firm shall be
understood as neither given nor endorsed by it.
IRS Circular 230 Disclosure: To ensure compliance with Treasury
Department Regulations, we advise you that, unless otherwise expressly
indicated, any federal tax advice contained in this communication was
not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding tax-related penalties under the Internal Revenue Code or
applicable state or local tax law provisions or (ii) promoting,
marketing or recommending to another party any tax-related matter
addressed herein.
________________________________

The post was migrated from Yahoo.

If it is a SFV case, there is a semi official form of motion (or maybe
official now) . Look on the cacb website, information, judge's particular
stuff, it may be there.
One that recently worked with Judge Tighe (unopposed) is in Sandy Marie
Scott, look it up. Motion form and declaration. You need some basis for
the valuation, although the owner is always "competent" to testify to
value.
If not SFV, be careful, some judges, particularly VZ require an adversary
proceeding to avoid lien. Otherwise, I think the SFV form would work just
fine anywhere.
Jason Wallach
Does anyone have a sample Lam motion or a case number they wish to share?
Thank you in advance.
Jonathan Leventhal
Attorney at Law
818-347-5800

The post was migrated from Yahoo.

Does anyone have a sample Lam motion or a case number they wish to share?
Thank you in advance.
Jonathan Leventhal
Attorney at Law
818-347-5800

The post was migrated from Yahoo.

Within the caption you need to identify the lien that is subject to the motion, but since each of the liens recorded against the property are subject to the motion (and according to Lee Raphael may be subject to a determination of the validity of their lien as well) better practice would have the identities of each lien holder stated in the caption.
The Motion, as well should identify the parties in interest, so better practice would name each in the notice, for example as: TO THE HONORABLE GERALDINE MUND, BANKRUPTCY JUDGE, THE CHAPTER 13 TRUSTEE, WELLS FARGO BANK, CHASE BANK, LOS ANGELES COUNTY ASSESSOR, PARTIES IN INTEREST AND COUNSEL OF RECORD:
Lastly, the Valley Judges have stated in rulings that they want the name of the lien holder clearly stated in the body of the Motion along with the amount of each lien, the evidence of the amount owed (the claim or the note), and evidence of the priority of the lien (the claim or copy of recorded deed of trust).
Lou Esbin
>
> Judge Kaufman requires a detailed explanation in the caption. (i.e.
> ....avoiding the lien of **** on the real property located at****)
>
>
>
> Of Mark J. Markus
> Sent: Thursday, May 07, 2009 5:32 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] LAM Motions
>
>
>
>
>
>
>
>
> I was looking for the same thing, and asked this question a week or so
> ago
> on here. The closest I've been able to find is LBR 4003-2 dealing with
> lien
> avoidance, which technically should not apply to a LAM Motion (since
> that is
> just the claim valuation stage) but who knows?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> Toll Free: 1-866-576-6275
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://bklaw.com/bankruptcy-blog/2008/0 ... definition
> /)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of
> Mark J. Markus that may be privileged. The information is intended for
> the
> use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
> by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written 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 in this communication.
>
> -----Original Message-----
> [mailto:cdcbaa@yahoogroups.com ] On
> Behalf Of
> Jon Hayes
> Sent: Thursday, May 07, 2009 5:23 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] LAM Motions
>
> Aren't there some new rules on Lam motions, that you have to have the
> amounts in the caption or something. I sure can't find it in all our new
> manuals etc.
>
> ------------------------------------
>
> Yahoo! Groups Links
>

The post was migrated from Yahoo.

Judge Kaufman requires a detailed explanation in the caption. (i.e.
....avoiding the lien of **** on the real property located at****)

The post was migrated from Yahoo.

I was looking for the same thing, and asked this question a week or so ago
on here. The closest I've been able to find is LBR 4003-2 dealing with lien
avoidance, which technically should not apply to a LAM Motion (since that is
just the claim valuation stage) but who knows?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at

The post was migrated from Yahoo.

Aren't there some new rules on Lam motions, that you have to have the amounts in the caption or something. I sure can't find it in all our new manuals etc.

The post was migrated from Yahoo.