Dismissal pursuant to 349 - House going to foreclosur=
Posted: Tue Feb 16, 2010 11:02 am
Yes! Remember that you are an officer of the court.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
A-Bankruptcy-Attorney.com
Personal Financial Law Center II
1706-B Newport Boulevard, Costa Mesa, CA 92627-3073
Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Tue, February 16, 2010 10:25:33 AM
Subject: Re: [cdcbaa] Dismissal pursuant to 349 - House going to foreclosure tomorrow?
Need to file an emergency motion.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 15, 2010, at 2:31 PM, R Grace Rodriguez wrote:
>Client's Chapter 13 DISMISSAL in June of 2009 reads:
>
>Pursuant to the court's findings and conclusions made at the confirmation hearing in this case,
>IT IS ORDERED THAT:
>(1) debtor's bankruptcy case is dismissed;
>(2) the court retains jurisdiction on all issues arising under Bankruptcy Code Sections 110, 329 and 362; and
>(3) pursuant to Bankruptcy Code Section 349, debtor is prohibited from filing any new bankruptcy petition unless:
>(a) debtor files a motion to request permission to file a new bankruptcy case ("Motion"), and the Motion is supported
>by admissible evidence; and
>(b) the court grants the Motion.
>
>Client's house going to foreclosure sale tomorrow morning. No time to get an order. If I file a bankruptcy to stop the sale in violation of this order with an emergency order requesting permission to file, is that going to get the debtor in trouble? Will I get in trouble?
>
>Does anyone have a motion or exemplar?
>
>
>--
>R. Grace Rodriguez, Esq.
>OFF: (818) 734-7223
>CEL: (323) 304-5496
>
>NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
>CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
Yes! Remember that you are an officer of the court. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.com
Personal Financial Law Center II1706-B Newport Boulevard, Costa Mesa, CA 92627-3073Telephone: (949)650-3328
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: Dennis McGoldrick <easky1@yahoo.com>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Subject: Re: [cdcbaa] Dismissal pursuant to 349 - House going to foreclosure tomorrow?
Need to file an emergency motion. Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 15, 2010, at 2:31 PM, R Grace Rodriguez <rgracelaw@gmail. com> wrote:
Client's Chapter 13 DISMISSAL in June of 2009 reads:Pursuant to the court's findings and conclusions made at the confirmation hearing in this case,IT IS ORDERED THAT:(1) debtor's bankruptcy case is dismissed;(2) the court retains jurisdiction on all issues arising under Bankruptcy Code Sections 110, 329 and 362; and(3) pursuant to Bankruptcy Code Section 349, debtor is prohibited from filing any new bankruptcy petition unless:(a) debtor files a motion to request permission to file a new bankruptcy case ("Motion"), and the Motion is supportedby admissible evidence; and(b) the court grants the Motion.Client's house going to foreclosure sale tomorrow morning. No time to get an order. If I file a bankruptcy to stop the sale in violation of this order with an emergency order requesting permission to file, is that going to get the debtor in
trouble? Will I get in trouble? Does anyone have a motion or exemplar?-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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