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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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How to get an earlier hearing?

Resolved Question:

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?


 


Judge procedure:

"


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."

Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 1 year ago.
I am a bankruptcy attorney and I would be happy to assist you. Typically, you have to wait for he slef-calendaring date for a hearing, unless you can prove circumstances that warrant the court to set it on a Order Shortening Time. I think you should attempt to request an emergency hearing on your matter. Essentially, you may file a motion with the court requesting an emergency hearing for the Court to hear your Motion. You must set forth in your request for an emergency hearing the reasons for why the Court should provide you a sooner hearing date and why your request for relief from the stay is so urgent. I recommend also calling the trustee assigned to the case. Typically a trustee will preclude a debtor from refiling repeatedly for bankruptcy if they are doing so for improper reasons. Make sure to read the Local Bankruptcy Rules on the Court's website before filing your motion for emergency hearing. I also always recommend that you talk to a bankruptcy attorney in your area.

I hope my answer has assisted you and that you will provide me a positive rating.
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 170
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Elizabeth Prentice and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Elizabeth Prentice replied 1 year ago.
Jack:

How are you doing? Please let me know if there is anything else I can assist you with. I hope your case is going well.

JustAnswer Expert,
Elizabeth

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