You are not my client unless you enter into a written agreement signed by you and me. Second, nothing on this site is legal advice. We also do other stuff and we do it well, but Congress wants me to post this notice. Get a foreclosure defense attorney and take the proper legal action in state court.įirst, the firm is a debt relief agency according to the U.S. Besides, Chapter 7 cases are usually over in less than 4 months and the automatic stay wouldn't no longer be in effect. Your issues must be resolved in state court, not bankruptcy court.
#Sample motion for reconsideration in chapter 11 bankruptcy code
The Bankruptcy Code gives the lender the absolute right to heave a hearing on the motion for relief within 30 days of filing, so perhaps the court ruled against a continuance. As for the motion for continuance, there is no way to no if the motion was made in the proper fashion. I do NOT believe the part about the court saying her cases were putt on hold and I do NOT believe the claim that the homeowner didn't get notice of the motion for relief. I believe the part about the attorney having a heart attack. The bankruptcy court won't decide those issues. Those are issue of state law and need to be addressed in state court. Of the 5 points you made, the last two about the criminal case and supposed fraud/fabrication are note relevant at all. If you aren't making the payments, the judge really doesn't have much choice. A motion for relief is limited to very narrow issues, mostly whether or not you are making the payments. Even if my summary ends up being nearly as long as the opinion itself.The most important detail missing from your fact pattern is whether or not you actually have legal grounds to oppose the motion for relief. I look forward to reading any other opinions that he has the opportunity to issue prior to his departure from the bench. His succinct writing and speaking style is a rarity in the legal world and it will be missed. Not investing this time is understandable in routine motions, but as Judge Walsh said, a motion for reconsideration isn’t a routine motion, rather, it is “an extraordinary means of relief in which the movant must do more than simply reargue the facts of the case.” Opinion at *3. It is particularly important to take the time to review any writings of the judge before whom the argument is being made.
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Consequently, the motion for reconsideration is denied.”Ī lawyer needs to gain familiarity with the required elements of a motion prior to filing it. I conclude that interpretation has no merit. “A party seeking reconsideration must establish at least one of the following grounds: (1) an intervening change in the controlling law (2) newly available evidence or (3) the need to correct a clear error of law or fact to prevent manifest injustice.” Opinion at *3-4.īecause the Movant did not make any of these three arguments, Judge Walsh summarily reviews the facts that led to his original decision, closing with a summary of his prior decision “The dispute here raises an issue of contract interpretation. 17, 2012), to provide the elements required for a motion to reconsider to be granted. Judge Walsh cites to his own opinion, In re Fruehauf Trailer Corp., 2012 WL 604145 (Bankr. After Judge Walsh granted the motion to dismiss, the Movant filed his motion for reconsideration. In response to the complaint, the defendants moved to dismiss, claiming that the Movant had no standing as he was not an employee of a Debtor. The Movant was the plaintiff in a lawsuit brought against the Chapter 7 Trustee in this case as well as other defendants.
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Judge Walsh’s opinion is available here (the “Opinion”). Notice of Motion or Objection : B420A B420A : Notice of Objection to Claim : B420B B420B : Notice of Transfer of Claim Other Than for Security : B2100B B2100B : Notice Required by 11 U.S.C. In 3-1/2 pages of his opinion, Judge Walsh explains the requirements of a motion for reconsideration and illustrates the weakness of the movant’s position.
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The efficient manner of speech which Judge Walsh employs during hearings shines through in this opinion released Decemin the Worldspace bankruptcy (Bank. Bankruptcy Court’s MaOrder (A33940), which, among other things, denied the - Trustee’s motion for reconsideration of the Order for the reasons set forth in the Dismissal Bankruptcy Court’s accompanying opinionMiller v.