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July 14, 2011

Notes from Counsel for the Chapter 13 Trustee

From Aki Koyama's Facebook page:

If a motion to avoid lien has been granted by the Judge, both Judge Donovan and Judge Klein now require the order granting the motion to be entered before the plan will be ordered confirmed. Please make sure to get the orders uploaded as soon as the motion has been granted.

Neither Judge Donovan nor Judge Klein have an advisory opinion on the issue of whether or not the automatic stay exists as to the bankruptcy estate for the 2nd filing for the debtor within a one year period. Please read In re: Reswick and In re: Rinard to understand this issue in greater detail.

Judge Donovan will be moving to one chapter 13 calendar a month to hear all confirmation hearings and Trustee's Motions. He will set motions to avoid liens and other miscellaneous chapter 13 motions on other days of the month. All August 11, 2011 confirmation hearings and Trustee motions will be rescheduled to the August 25, 2011 date. Please keep an eye out for the notices of rescheduled hearings.

Both Judge Donovan and Judge Klein will not dismiss a case sua sponte for failure to obtain credit counseling or obtain credit counseling on a timely basis. Judge Klein may dismiss a case on this basis but only if a party requests dismissal and the Judge has had an adequate opportunity to review the evidence.

July 14, 2011 in Current Affairs | Permalink


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