Reaff hearings - who sets them when Debtor is in pro per?=
Posted: Thu Feb 04, 2010 5:40 am
If the Reaff is NOT signed by an atty, then the Reaffs are automatically set by the case's Judge's Court clerk. In LA, there are several Judges that have banded together to share their Reaffs so that 1 Judge hears ALL those other Judges' Reaffs each month. The Judges rotate on a wheel who is responsible each month. That is why often, in LA, your case judge is XX but the Judge and Courtroom for the Reaff is YY.
I would suggest calling the case's court clerk.
OR, are you saying that your Reaff (w/o an atty's certification) has been signed by the Court without a scheduled hearing -- which is highly unlikely.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Wed, Feb 3, 2010 11:23 pm
Subject: [cdcbaa] Reaff hearings - who sets them when Debtor is in pro per?
I have joined the bk attys who no longer sign off on reaffs as a general rule. For the "hardship" reaffs that are signed by the debtor and filed by the bank - who sets them for hearing? I thought they automatically go for hearing since the debtor has signed Part E (the motion), and the box is checked "hardship" on the front page. However, these reaffs do not seem to be getting set for hearing in my cases. Does the debtor have to request a hearing date and send out the notice?
Holly Roark
holly@roarklawoffices.com
If the Reaff is NOT signed by an atty, then the Reaffs are automatically set by the case's Judge's Court clerk. In LA, there are several Judges that have banded together to share their Reaffs so that 1 Judge hears ALL those other Judges' Reaffs each month. The Judges rotate on a wheel who is responsible each month. That is why often, in LA, your case judge is XX but the Judge and Courtroom for the Reaff is YY.
I would suggest calling the case's court clerk.
OR, are you saying that your Reaff (w/o an atty's certification) has been signed by the Court without a scheduled hearing -- which is highly unlikely.
KEITH
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
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