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Is there a motion I can file re: postponement

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    Is there a motion I can file re: postponement

    I have to file a response to the USTs motion to dismiss by 8/12 (hearing on 8/26). Does anyone know if there is a motion I can file to request additional time/postpone the hearing?
    I just had surgery Tuesday and have a 2 week down time.

    Anyone know? I am in Central Ct in California.
    Teacher Momma

    #2
    No. You can only go to the hearing and ask for the hearing to be continued. More than likely, it's non-evidentiary anyhow, so it would be continued to a (final) evidentiary hearing anyhow.

    Could also ask the UST if he'd agree to move the date.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      In Central Court - CA (Civil) you have to get the agreement of the other parties and then still get court approval. You would have to call the UST and ask if they would agree to stipulate to continue. Then call the Judge's Clerk and ask if the Judge would accept a stip to continue the hearing and state your reasons. I'm not sure BK Court works the same, but it is still District Court. I would start with the UST's office and see where that takes you.
      Filed Chapter 7: 7/3/09
      341 Hearing: 8/6/09 - Went Smoothly!
      Discharged: 11/30/2009
      Closed: 12/16/2009

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        #4
        I emailed him late today and he said he would "work on it" Monday. So we'll see.
        Teacher Momma

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