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MOTIONS AND APPLICATIONS WITHOUT HEARING

In addition to the motions and applications specified in Local Bankruptcy Rule 9013-1(g), the following motions may be made on notice without a hearing pursuant to the requirements of that Rule:

(1)

Applications for additional attorney’s fees [subject to sections (u) and (w) herein];

(2)

Motion for suspension of plan payments [subject to section (w)];

(3)

Motions by the debtor or the trustee to modify a confirmed plan;

(4)

Motions for approval of sale or refinancing of debtor’s residence, if the entire equity therein is exempt from the claims of creditors; provided, however, notice is not required if the sale or refinance will pay off the plan and the plan allows 100% to the unsecured claims; and

(5)

Trustee’s motion to dismiss or modify the plan. Notwithstanding Local Bankruptcy Rule 9013-1(g), a party who responds to a trustee’s motion to dismiss or a trustee’s motion to modify the plan must obtain a hearing date from the court and give notice thereof with the response.

This website contains legal information, and not legal advice. It's content refers only to the law of the State of California.

Law Offices of David M. Siegel
Los Angeles, CA

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