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Motion for Relief From Stay Hearing?

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    #1

    Motion for Relief From Stay Hearing?

    My friend noticed on PACER that a Motion for Relief From Stay hearing is scheduled for January 7th. He hasn't heard anything from his attorney.

    I looked at PACER for him and it looks like the relief from stay has already been granted. Right at the top of the document it says...

    ORDER GRANTING RELIEF FROM AUTOMATIC STAY

    Looking at Deadlines/Hearings on PACER it Looks like the hearing will terminate on January 7th because the relief was already granted.

    Am I reading this correctly?
    Last edited by LimpDisc; 01-03-2010, 04:23 PM.
    Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
    "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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    #2
    His only problem is to file that second certificate. As you well know, or not, we had our own problems with our lawyer.

    Just get that filed and if you do , he will be in our hamster club. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by AngelinaCatHub View Post
      His only problem is to file that second certificate. As you well know, or not, we had our own problems with our lawyer.

      Just get that filed and if you do , he will be in our hamster club. 'Hub
      The second certificate has been filed now. The court extended his time (had until 1/4/2010) to file the certificate.

      Do you think the hearing will just terminate on January 7th and discharge will happen soon after that day?
      Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
      "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

      Comment

        #4
        Originally posted by LimpDisc View Post
        The second certificate has been filed now. The court extended his time (had until 1/4/2010) to file the certificate.

        Do you think the hearing will just terminate on January 7th and discharge will happen soon after that day?
        If he does not wish to own the property of the lift of stay, he doesn't have to appear. It will by default occur. I can't say a time or date of course.

        He needs to "dress down" his lawyer on this as it has cause unnecessary worry on his client. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          Originally posted by AngelinaCatHub View Post
          If he does not wish to own the property of the lift of stay, he doesn't have to appear. It will by default occur. I can't say a time or date of course.

          He needs to "dress down" his lawyer on this as it has cause unnecessary worry on his client. 'Hub
          It's a little more complicated. He really doesn't know what he will do with the house. He got a little behind and that's probably what caused them to file the relief of stay. Now he's current on the home.

          Turns out he was to blame for the certificate not getting filed, so I did edit the original post.
          Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
          "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

          Comment

            #6
            Hub, thanks for the replies.

            I just looked at PACER for him and he's been discharged.

            The Relief from Stay hearing still shows scheduled.
            Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
            "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

            Comment

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