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Motion for relief from stay after trustee's notice of nondistribution
Well nevermind me, then. Apparently I didn't see what I saw. Call me crazy.
Holly Roark
holly@roarklawoffices.com
>
>
> The motion was filed because it needs to be filed. Look at Section 362(c)(1) and (2). A No Asset Report does not remove the property from the estate. The motion will not slow down the discharge. Currently, in the average no asset consumer case in Los Angeles, there will be no discharge until about 3 to 4 months after the 341a Meeting. The system is bogged down with cases, and that slows the process down. Also, there are attorneys out there who will go after creditors for even minor violations of the stay. With everybody and their dog looking for loan modifications or Obama magic, attorneys for mortgage lender have no choice but to protect the interest of their clients (just like you). Getting relief from stay allows lenders to deal with debtors regarding refinance, modification, short sales, etc. That is a good thing for debtors who need those things. Consumer Bankruptcy attorneys should never accuse someone else of running a racket.
>
>
>
> To: cdcbaa@yahoogroups.com
> Date: Fri, 26 Feb 2010 00:21:28 +0000
> Subject: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
>
>
>
>
>
> They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
>
> Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
>
> It's a racket.
>
> Holly Roark
> holly@...
>
> --- In cdcbaa@yahoogroups.com, "Matthew Gary Evans" wrote:
> >
> > Central Dist of CA:
> >
> >
> >
> > My client filed a C7 indicating his intent to surrender an underwater house
> > he rents out to third parties (who have since left). The trustee filed a
> > report of nondistribution last Wednesday, and on Friday the mortgagee filed
> > a motion for relief from stay. I don't understand why.
> >
> >
> >
> > I am thinking of filing a notice of nonopposition and contact the attorney
> > for the bank to arrange for a surrender of the house without a foreclosure
> > in exchange for taking the motion off calendar to avoid holding up the
> > discharge of the case..but I would appreciate your guidance/input before
> > proceeding.
> >
> >
> >
> > Thank you.
> >
> >
> >
> > ____________________________________
> >
> > Law Office of Matthew Gary Evans
> >
> > Matthew Gary Evans, Esq.
> >
> > 16 North Marengo Avenue, Room 219
> >
> > Pasadena, California 91101
> >
> > Tel.: (626) 405-9448
> >
> > Fax: (626) 768-7565
> >
> > Cell: (213) 842-6645
> >
> > Email: matthew@
> >
> > www.matthewgaryevanslaw.com
> >
> >
> >
> > Member: Consumer Attorneys Association of Los Angeles, Central District
> > Consumer Bankruptcy Attorneys Association, National Association of Consumer
> > Bankruptcy Attorneys, Pasadena Chamber of Commerce
> >
> > NOTICE: This message is intended only for the individual named. If you are
> > not the named addressee please do not disseminate, print, or copy this
> > e-mail. Please notify the sender immediately by reply e-mail if you have
> > received this e-mail by mistake and delete this e-mail from your system.
> > Thank you.
> >
>
>
>
>
>
> _________________________________________________________________
> Hotmail: Powerful Free email with security by Microsoft.
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>
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I believe you are referring to Form F4001-1.M RES that you graciously pointed out to me the other day.
I think that some of us have unintentionally skipped over this form because it doesnt contain the words Motion for Relief in its title.
It probably sounds silly, but I, for one, have gone to the courts website before to see if there was a form response to a MFRS, but I missed it because I had tunnel-vision and was locked into searching for the phrase Motion for Relief. After the form was pointed out to me, it made perfect sense that this was the right form to use. But when browsing the list, it isnt quite as obvious.
I realize the current form with its current title might have broader use; I realize that the title of the form indeed says it all, and I am sure that there is a very good reason for the name that was chosen. But with so many forms on the courts website, and the mandatory MFRS form itself being titled Notice of Motion and Motion for Relief from the Automatic Stay Under 11 USC 362 I think more people would see the form response and utilize it if it was called Response to Motion for Relief from the Automatic Stay as opposed to Response to Motion for Order to Terminate, Annul, Modify, or Condition the Automatic Stay under 11 U.S.C. 362.
Just chiming in with my 2 cents for whatever its worth to those who are much further removed from the early years than I am and who have the ability to influence certain changes that might improve compliance with the optional form, which is extremely helpful.
Donny Brand
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com
This message originates from the law firm of Brand & Spellman PC and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at info@brandspellman.com and delete this email from your system. Any unauthorized reading, distribution, copying, or other use of this email or its attachments is strictly prohibited.
The post was migrated from Yahoo.
Well I will concede that discharge and closure is taking much longer these days. When I did relief from stays, cases went much more quickly, and I recall the no asset reports coming out closer to the 60 day mark after 341A, so discharge was right around the corner. In those cases, we usually would tell the bank client just to wait a few weeks after the no asset report rather than spend the money on relief from stay. But today the time frame for discharge and closure is a little longer, while the no asset reports seem to be coming out more quickly, so you have a point.
But that whole relief from stay mill thing is still a racket, IMHO. No offense to your bread and butter, Keith.
Holly Roark
holly@roarklawoffices.com
>
>
> Lets see ---- where do I start here?
>
> The 341(a) meeting is usually scheduled 35 days from filing.
>
> A typical no-asset case has a Ch7 Trustee issue his/her No Asset Report within 2 weeks of concluding the 341(a) meeting.
>
> Discharge is usually issued 10-12 weeks after the 341(a) meeting.
>
> Closing of the case occurs usually 2-3 weeks after discharge.
>
> A creditor has relief as to the debtor upon discharge -- but has to wait until the case is closed by the Court Clerk in order to have relief as to the ch7 trustee and the estate.
>
> Why should a lender have to wait until the closing of the case to be able to begin or to proceed with the foreclosure process?
>
> My suggestion is to use the optional RESPONSE TO RFS FORM (on the Court's website under Local Forms) that is basically a check-the-box form to state that there is no opposition. Once filed, there is no appearance necessary by debtor's atty. I personally know that Response to RFS Form was created specifically to make responding to a RFS motion easier.
>
>
>
>
> KEITH ALAN HIGGINBOTHAM
>
> Pedro Mayser, Office Manager
> 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@...
>
>
>
> -----Original Message-----
> To: cdcbaa@yahoogroups.com
> Sent: Thu, Feb 25, 2010 4:21 pm
> Subject: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
>
>
>
>
> They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
>
> Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
>
> It's a racket.
>
> Holly Roark
> holly@...
>
> --- In cdcbaa@yahoogroups.com, "Matthew Gary Evans" wrote:
> >
> > Central Dist of CA:
> >
> >
> >
> > My client filed a C7 indicating his intent to surrender an underwater house
> > he rents out to third parties (who have since left). The trustee filed a
> > report of nondistribution last Wednesday, and on Friday the mortgagee filed
> > a motion for relief from stay. I don't understand why.
> >
> >
> >
> > I am thinking of filing a notice of nonopposition and contact the attorney
> > for the bank to arrange for a surrender of the house without a foreclosure
> > in exchange for taking the motion off calendar to avoid holding up the
> > discharge of the case..but I would appreciate your guidance/input before
> > proceeding.
> >
> >
> >
> > Thank you.
> >
> >
> >
> > ____________________________________
> >
> > Law Office of Matthew Gary Evans
> >
> > Matthew Gary Evans, Esq.
> >
> > 16 North Marengo Avenue, Room 219
> >
> > Pasadena, California 91101
> >
> > Tel.: (626) 405-9448
> >
> > Fax: (626) 768-7565
> >
> > Cell: (213) 842-6645
> >
> > Email: matthew@
> >
> > www.matthewgaryevanslaw.com
> >
> >
> >
> > Member: Consumer Attorneys Association of Los Angeles, Central District
> > Consumer Bankruptcy Attorneys Association, National Association of Consumer
> > Bankruptcy Attorneys, Pasadena Chamber of Commerce
> >
> > NOTICE: This message is intended only for the individual named. If you are
> > not the named addressee please do not disseminate, print, or copy this
> > e-mail. Please notify the sender immediately by reply e-mail if you have
> > received this e-mail by mistake and delete this e-mail from your system.
> > Thank you.
> >
>
The post was migrated from Yahoo.
Mathew also asked about suggesting that the debtor surrender the house instead of the bank filing a foreclosure. The reason the bank wants a foreclosure is that it clears title,& eliminates any junior liens or mortgages. Lately there has been an upsurge of damage to vacant houses so moving promptly may reduce that. I didn't realize that the banks were getting the RFS s done for only $800.
Margaret Norman
111 N. Sepulveda Bld.
Manhattan Beach, Ca. 90266
310-376-7873
The post was migrated from Yahoo.
They filed it because the mills that do relief from stay motions (such as Pite Duncan) charge their bank clients about $800 per motion. They could have just waited another 30 days or so for the discharge and closure, but WHY, when they can make money by filing the motion.
Also, to justify it, they will say that just to be on the safe side they want relief from stay first before they take any action so they don't inadvertently violate the stay.
It's a racket.
Holly Roark
holly@roarklawoffices.com
>
> Central Dist of CA:
>
>
>
> My client filed a C7 indicating his intent to surrender an underwater house
> he rents out to third parties (who have since left). The trustee filed a
> report of nondistribution last Wednesday, and on Friday the mortgagee filed
> a motion for relief from stay. I don't understand why.
>
>
>
> I am thinking of filing a notice of nonopposition and contact the attorney
> for the bank to arrange for a surrender of the house without a foreclosure
> in exchange for taking the motion off calendar to avoid holding up the
> discharge of the case..but I would appreciate your guidance/input before
> proceeding.
>
>
>
> Thank you.
>
>
>
> ____________________________________
>
> Law Office of Matthew Gary Evans
>
> Matthew Gary Evans, Esq.
>
> 16 North Marengo Avenue, Room 219
>
> Pasadena, California 91101
>
> Tel.: (626) 405-9448
>
> Fax: (626) 768-7565
>
> Cell: (213) 842-6645
>
> Email: matthew@...
>
> www.matthewgaryevanslaw.com
>
>
>
> Member: Consumer Attorneys Association of Los Angeles, Central District
> Consumer Bankruptcy Attorneys Association, National Association of Consumer
> Bankruptcy Attorneys, Pasadena Chamber of Commerce
>
> NOTICE: This message is intended only for the individual named. If you are
> not the named addressee please do not disseminate, print, or copy this
> e-mail. Please notify the sender immediately by reply e-mail if you have
> received this e-mail by mistake and delete this e-mail from your system.
> Thank you.
>
The post was migrated from Yahoo.
charset="US-ASCII"
Central Dist of CA:
My client filed a C7 indicating his intent to surrender an underwater house
he rents out to third parties (who have since left). The trustee filed a
report of nondistribution last Wednesday, and on Friday the mortgagee filed
a motion for relief from stay. I don't understand why.
I am thinking of filing a notice of nonopposition and contact the attorney
for the bank to arrange for a surrender of the house without a foreclosure
in exchange for taking the motion off calendar to avoid holding up the
discharge of the case..but I would appreciate your guidance/input before
proceeding.
Thank you.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
charset="US-ASCII"
Central
Dist of CA:
My
client filed a C7 indicating his intent to surrender an underwater house he
rents out to third parties (who have since left). The trustee filed a report
of nondistribution last Wednesday, and on Friday the mortgagee filed a motion
for relief from stay. I don’t understand why.
I
am thinking of filing a notice of nonopposition and contact the attorney for
the bank to arrange for a surrender of the house without a foreclosure in exchange
for taking the motion off calendar to avoid holding up the discharge of the
case….but I would appreciate your guidance/input before proceeding.
Thank
you.
The post was migrated from Yahoo.