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Defense/Offense on RFS Motions
In speaking with Judge Zurzolo on Friday he said that the new local
rules require service upon all senior and junior lienholders on Motions
for Relief from the Automatic Stay. Darned if he wasn't right!
Look at LBR 4001-1(c)(1)(B)(iv) which says that if you seek relief as
to property of the estate you must serve any other lien holder you know
about. Well, that means that there may be a defense to some of these
MFR's until the creditors counsel get wise and for those of you who file
MFR's for creditors you have now gotten wise.
Jim
In speaking with Judge Zurzolo on Friday he said that the
new local rules require service upon all senior and junior lienholders on
Motions for Relief from the Automatic Stay. Darned if he wasn’t
right!
Look at LBR 4001-1(c)(1)(B)(iv) which says that if you
seek relief as to property of the estate you must serve any other lien holder
you know about. Well, that means that there may be a defense to some of
these MFR’s until the creditors counsel get wise and for those of you who
file MFR’s for creditors you have now gotten wise.
Jim
The post was migrated from Yahoo.