Final Ruling. This motion for relief from the automatic stay has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali x. Xxxxx, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Xxxxx x. Xxxx (In re Xxxxxx), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).
Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the debtors and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali x. Xxxxx, 46 X.0x 00, 00 (0xx Xxx. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Xxxxx x. Xxxx (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).
Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtors [Calendar #19]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Xxxxxxx Xxxxx Represented By Xxxxxx X Xxxxxxxxx BANK OF AMERICA, N.A. Pro Se Xxxxx X Xxxxx Represented By Xxxxxx X Xxxxxxxxx Xxxxx X Xxxxx Represented By Xxxxxx X Xxxxxxxxx Rod (WJ) Xxxxxxxxx (TR) Pro Se Adv#: 6:17-01034 Xxxxxxxxx Xxxxxx, Individually and as Trustee of t x. Xxxxxxx & Xxxxxxx FROM: S/C 5-4-17 Docket 1 - NONE LISTED - Xxxxxxxx Xxxxxx Xxxxxx Pro Se Xxxxxxx & Xxxxxxx Attorneys at Law Pro Se Xxxxxx X Xxxxx (TR) Represented By Xxxxxxxx X Xxxxx Adv#: 6:17-01033 Xxxxxx v. U.S. Department of Education et al FROM: S/C 5-4-17 Docket 1 - NONE LISTED - Xxxx Xxxx Xxxxxx Represented By Xxxxxxxxx X Xxxxxxxx U.S. Department of Education Pro Se The Student Loan Corporation Pro Se Xxxx Xxxx Xxxxxx Represented By Xxxxxxxxx X Xxxxxxxx Xxxxx X Xxxxxx (TR) Pro Se Adv#: 6:17-01014 Frealy x. Xxxxxxx et al FROM: 5-4-17 Docket 1 - NONE LISTED - Xxxxx Xxxxxx Xxxxxxx Represented By Xxxxxxx X Xxxxxxx
Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary. The Court thanks the trustee for his efforts in the case. Pursuant to the trustee's final report, the following administrative claims will be allowed:
Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtor [Calendar #23]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Xxxxxxx X Xxxxx Represented By Xxxx Xxxxxx - INACTIVE - Xxxxxxx Xxxxx U.S. BANK NATIONAL Pro Se Xxxxxxx X Xxxxx Represented By Xxxxxxx X Xxxxxx Rod (WJ) Xxxxxxxxx (TR) Pro Se
Final Ruling. In the event of any dispute as to whether a party has breached this Agreement pursuant to Section 7.3 above or whether a cure has been effected, the matter shall be submitted to litigation pursuant to Section 9 hereof, and there shall be no termination of the license under this Agreement unless and until there is a final ruling that there has been an uncured breach, as provided herein.
Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtors [Calendar #17]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Summer M Xxxx JPMorgan Chase Bank, N.A. Pro Se Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Summer M Xxxx Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Xxx Xxxxxxxxx (TR) Pro Se Adv#: 6:19-01147 Xxxxxxxxx v. CIT BANK, N.A. formerly known as ONEWEST BANK FSB Docket 1 Tentative Ruling: 1/16/2020: None.
Final Ruling. The motion is untimely. Section 362(c)(3)(A) provides that the automatic stay “shall terminate with respect to the debtor on the 30th day after the filing of the later case.” See 11 U.S.C. § 362(c)(3)(A). In order to avoid the termination of the stay, a motion to extend the stay must be filed and it must be heard on or before the thirtieth day after the filing of the bankruptcy case. See 11 U.S.C. § 362(c)(3)(B) (stating that “on the motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period ”). Accordingly, under the plain language of the statute, the hearing regarding a motion to extend the automatic stay pursuant to section 362(c)(3)(B) must occur no later than thirty days after the filing of this bankruptcy case. It is not enough to simply file the motion within the thirty day period. The hearing regarding the motion must also occur within the thirty day period. See, e.g., In re Moon, 339 B.R. 668, 670 (Bankr. N.D. Ohio 2006) (denying a motion to extend the stay that was filed during the thirty day period because the debtors scheduled the motion for a hearing thirty- seven days after the petition date); In re Xxxxxxx, 357 B.R. 128, 131 (Bankr. C.D. Ill.
