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FiveStarLaw
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Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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What is an ORDER OVERRULING MOTION

Customer Question

The letter says: " A motion to change venue was filed on April 2,2009 (doc.# XXXXX)
The court being sufficiently advised, and noting that there are Lexington division creditors, finds that the motion be AND HEREBY IS OVERRULED."

We dont understand what this means could you please explain.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 5 years ago.
Hello,

It means that the motion was not granted. The venue will not be changed. The proceeding will stay in the court it is currently in.
Customer: replied 5 years ago.
But our court was suppose to be in Covington KY. and they moved it to Lexington KY. So I dont understand why. Does this mean a creditor is trying to fight us?
Expert:  FiveStarLaw replied 5 years ago.
If this order was issued by the Lexington court, it would mean that the court has determined that the action will remain in Lexington.
Customer: replied 5 years ago.
Who tried to do the change of venue? Sorry I know I'm bugging you but I want to try to understand everything. I'm scared enough I'm afraid I will loose my home.
Expert:  FiveStarLaw replied 5 years ago.
Hello,

You are not bugging me. I want you to understand. However, I do not know who filed for the change in venue as your post did not give me that information. Perhaps you have a notice setting the matter for hearing that would indicate who tried to change venue. However, in any case, venue appears to be staying in Lexington.
Customer: replied 5 years ago.
The letter did not give me who filed for the change of venue. What is throwing me off is when it states that there are Lexington division creditors I dont understand what that part means.
Expert:  FiveStarLaw replied 5 years ago.
Hello,

The court is citing that there are Lexington division creditors to show why the court ruled as it did.
Customer: replied 5 years ago.
what is division creditors. Is that someone we owe that we are filing against
Expert:  FiveStarLaw replied 5 years ago.
Hello,

I think it mean creditors of the Lexington Division.

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