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Will I be able to go procedure B to get a earlier hearing than regular self calendar?
I've been going through a serial bankruptcy filers (husband and wife) that has been stopping eviction for 4 times already. Every time he/she would file and the case would get dismissed before the hearing due to deficiency. I am trying to get a earlier hearing date then usual for my motion for 'in rem' relief.
Please advise if this does not work. How can I get an earlier hearing date?
A. Hearings may be set by self-calendaring in the electronic filing system (CM/ECF). When a motion is filed in the Court’s electronic filing system, the system will prompt the selection of a date for a hearing. Only a date that is listed as an available date on the Court’s website should be selected. You must select a date that is at least 23 days from the date that you file a motion. If you do not need a hearing, this step may be skipped. Routinely, only opposed motions need to be set for a hearing. All motions for relief from stay (§ 362), however, must be set for a hearing. YOU MAY NOT SELF-CALENDAR A HEARING ON A DATE THAT IS NOT LISTED AS AN AVAILABLE DATE. AVAILABLE DATES CHANGE FREQUENTLY. EVEN IF A PRIOR MOTION WAS SELF-CALENDARED FOR A PARTICULAR DATE, YOU MAY NOT SELF-CALENDAR A HEARING UNLESS THE DATE IS SHOWN AS AN AVAILABLE DATE AT THE TIME THAT YOU FILE THE MOTION.
B. Notice of the date of a hearing must be provided by the movant and a certificate of service must be filed. If a motion is self-calendared, notice of the hearing date must be provided when the motion is served and a certificate of service must be included with the motion.. If the date is set by the Court, notice must be given within 3 business days and a certificate of service must be filed."
I have an attorney in charge of my eviction case. She doesn't specialize in bankruptcy, so I try to get opinions everywhere I can. I will let her know your suggestion.
Thank you very much. I think this has been the most helpful advice out of all the ones I've been getting. I'll update you updated if anything changes. I might have much more questions in the future.
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