Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
So I don't actually have to file for motion for in rem relief separately? I'll just have to include in rem relief in my response when I object their automatic stay extension?
Its just hard to get a hearing from the judge since the case is being dismissed before my hearing date.
Is it possible to get a hearing even though the case has been dismissed? Or is there another way to approach the judge?
I have a hearing on the 7/12/2013 (motion to lift automatic stay), but the case was dismissed 7/1/2013. Will I still be able to go to this hearing and let the judge hear my side of the story?
To be perfectly honest, I have never had a case where a hearing was scheduled to be heard after the order of dismissal has been entered. I'll see if I can find something on that, but below is my knee-jerk reaction....
HOWEVER, because the debtor could still technically appeal the dismissal, the order is likely not final for 30 days. Thus, the court could still retain jurisdiction over the matter.
The botXXXXX XXXXXne is if the hearing has been set, you should appear unless you're told otherwise. You can still appear and ask the judge to enter an In Rem order on your behalf.
If the judge informs you that he can't take action due to the dismissal, then IF they file again, you can re-file your motion to lift stay and for an In Rem Order and have it heard before the dismissal occurs.
I will ask my attorney if we are able to go to the hearing on the 12th and present our case.
But please try to get back to me on having a hearing after the dismissal.
So there is no way to ask for a hearing for "in rem" relief not regarding a bankruptcy case?
I want to be on the offense instead of being defensive and always waiting for them to make the move.
I want to take preventive action, so I won't have to go through serial bankruptcy filing.
I just want a bankruptcy judge to hear my story.
Alright thanks for all the help. I will definitely rate all your answers excellent once you find out what would be my best option to get a judge to hear my case.
My attorney doesn't believe the judge will be able to do anything, but I told her to go ahead and show up to the hearing.
Thanks for the advice!