Motion for relief from stay after trustee's notic=
Posted: Thu Feb 25, 2010 6:02 pm
Agreed.
David Lally and I designed the form Response. The Judges themselves were responsible for re-labeling it so that it could be used as broadly as possible.
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@aol.com
To: cdcbaa@yahoogroups.com
Sent: Thu, Feb 25, 2010 5:34 pm
Subject: RE: [cdcbaa] Re: Motion for relief from stay after trustee's notice of nondistribution
I believe you are referringto 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 itdoesnt contain the words Motion for Relief in its title.
It probably sounds silly, butI, for one, have gone to the courts website before to see if there was a formresponse to a MFRS, but I missed it because I had tunnel-vision and was lockedinto searching for the phrase it made perfect sense that this was the right form to use. But whenbrowsing the list, it isnt quite as obvious.
I realize the current form withits current title might have broader use; I realize that the title of the formindeed says it all, and I am sure that there is a very good reason for the namethat was chosen. But with so many forms on the courts website, and the mandatoryMFRS form itself being titled Notice of Motion and Motion for Relief from theAutomatic Stay Under 11 USC 362 I think more people would see the form responseand utilize it if it was called Response to Motion for Relief from the AutomaticStay 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 2cents for whatever its worth to those who are much further removed from theearly years than I am and who have the ability to influence certain changesthat might improve compliance with the optional form, which is extremelyhelpful.
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
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The post was migrated from Yahoo.