[CNYBBA-LISTSERV] Motion to Reconsider

Louis L. Levine LLEVINE at melvinlaw.com
Thu Jul 20 14:21:31 CDT 2006


FRBP 8002(b); note that you can file the motion before  a notice of appeal but if you file a notice of appeal before the motion the BK court cannot hear the motion
 

MELVIN & MELVIN, PLLC 
Louis Levine, Esq. 
217 South Salina Street 
Seventh Floor 
Syracuse, New York 13202 
315-422-1311 voice 
315-479-7612 fax 
llevine at melvinlaw.com 

-----Original Message-----
From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org]On Behalf Of Ted Araujo
Sent: Thursday, July 20, 2006 3:06 PM
To: Central New York Bankruptcy Bar Association
Subject: Re: [CNYBBA-LISTSERV] Motion to Reconsider



Ten days after the date of the Order.

 

Theodore Lyons Araujo
Attorney at Law
Bodow Law Firm, PLLC
1925 Park Street
Syracuse, New York 13208

Telephone (315) 422-1234
Facsimile (315) 422-9113

taraujo at bodowlaw.com

www.bodowlaw.com

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From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On Behalf Of Richard Ruswick
Sent: Thursday, July 20, 2006 3:05 PM
To: Listserv CNYBBA
Subject: [CNYBBA-LISTSERV] Motion to Reconsider

 

Does anyone know what the time limit is for making a motion to reconsider?  I'm involved in a bizarre situation down in the Southern District.  The debtor filed an Amended Chapter 13 Plan which went from paying my client's $63,000 claim in full within the Plan to not treating the client's claim at all.   An hour after the Amended Plan was filed, the Confirmation Order confirming it was filed. (How do you like that for notice?)  However, I'm negotating with the debtor to lift the stay to allow my client to foreclose anyway, in which case I wouldn't care about the Plan but I don't want to miss a deadline while we negotiate.

 

I can't find a deadline for making a motion to reconsider, but I'm afraid that I have to make it before the 10 day time frame for filing a notice of appeal expires.  Does anyone have any thoughts on this?

 

 

  


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