United States Bankruptcy Court District of Massachusetts

Transcription

1 Document Page 1 of 5 In re United States Bankruptcy Court District of Massachusetts Karen Greenland Dyer Case No Debtor(s) Chapter 11 DEBTOR'S EMERGENCY MOTION OF R A CONTINUANCE OF HEARING NOW COMES, debtors by and through their attorney and respectfully request that the this honorable court allow a continuance of the Creditor's Request for an Expedited Motion for Relief From Stay for the following reasons: 1. Debtors filed for emergency protection pursuant to Title 11 U.S.C., chapter 11 on or about 2/22/11. Debtors filed an emergency quick petition to avoid immediate consequences; 2. This honorable court ordered the debtors to update their petition with all outstanding documents by March 9, 2011; The 341 meeting is not scheduled until 3/22/11; The preliminary meeting with the trustee is not scheduled until March 10, 2011 at 2:00 P.M.; On or about March 3, 2011 Creditor filed a Motion for Relief From Stay and asked for an expedited hearing; The objection to the Motion is not even due until March 17, 2011; This honorable court scheduled a hearing for March 9, 2011 at 9:00 A.M.; This attorney learned of the scheduled hearing on Friday, March 4, 2011 after returning from court; This attorney reached out to Creditor's attorney who could not assent to a continuance; 10. This attorney has a bench trial, previously scheduled at the Rockingham Superior Court, Brentwood, New Hampshire for Pilar Ruge, et al. v. Odeh. Docket No. 08-C-0817, Judge McHuge. The trial had been continued many times and is finally established in the docket and will move forward; 11. Because there are a potential for 5 witnesses in the matter (stated above), this attorney does not think it feasible that he appear telephonically; 12. This attorney is present in the Bankruptcy court on March 10, 2011 in a chapter 13 matter before Judge Feeney at 1:00 P.M. if that offers a viable option (however, this attorney is scheduled in other courts in the morning of that day). Further this attorney is present at The Bankruptcy Court again on March 31, 2011 at

2 Document Page 2 of 5 _2:30 PM for another chapter 11 matter if presents a viable option (however this attorney is scheduled in Lawrence DIstrict Court in the morning of this day); 13. This attorney feels that he has not been given an opportunity to properly address the Creditor's Motion through objection; 14. Further, this request for a Motion for Relief did not include a conference as required by local rule: 13-8(c) although admittedly, that particular rule pertains to Chapter 13 matters; 15. Further, the debtors have not even completed their petition as of yet; Wherefore the above reasons and representations, the debtors pray: A. That the expedited Creditor's motion be continued to a court date and time that is more convenient, when it may be more effective and purposeful; B. For any other relief as deemed just. Date March 5, 2011 Signature /s/ Debtor Date March 5, 2011 Signature /s/ Karen Greenland Dyer Karen Greenland Dyer Joint Debtor Attorney /s/ Anthony Rozzi Anthony Rozzi

3 Document Page 3 of 5 In re United States Bankruptcy Court District of Massachusetts Karen Greenland Dyer Case No Debtor(s) Chapter 11 CERTIFICATE OF SERVICE I hereby certify that on March 5, 2011, a copy of Debtors' Emergency Motion to Continue Hearing was served electronically or by regular United States mail to all interested parties, the Trustee and all creditors listed below. P.O. Box 398 Karen Greenland Dyer P.O. Box 398 Massachusetts Department of Revenue PO Box 7021 Boston, MA Massachusetts Department of Revenue PO Box 7021 Boston, MA American Express P.O. Box Wilmington, DE American Express P.O. Box Wilmington, DE Cap One Po Box Richmond, VA Cap One Po Box Richmond, VA Capital One P.O.Box Charlotte, NC Capital One P.O.Box Charlotte, NC P.O. Box Wilmington, DE Highway 7 # 100 Saint Louis Park, MN Highway 7 # 100 Saint Louis Park, MN P.O. Box Wilmington, DE 19886

4 Document Page 4 of 5 Citi P.O. Box 6500 C/O Citi Corp Sioux Falls, SD Citi P.O. Box 6500 C/O Citi Corp Sioux Falls, SD CitiCard P.O. Box Columbus, OH CitiCard P.O. Box Columbus, OH Comcast - Greater Boston 4200 International Pkwy Carrollton, TX Comcast - Greater Boston 4200 International Pkwy Carrollton, TX Earl Munroe 5 Broadway Street Saugus, MA Earl Munroe 5 Broadway Street Saugus, MA Emc Mortgage Po Box Lewisville, TX Emc Mortgage Po Box Lewisville, TX Emerge Po Box Atlanta, GA Emerge Po Box Atlanta, GA Harry Schroeder 634 Sorita Circle Rockwall, TX Harry Schroeder 634 Sorita Circle Rockwall, TX Hsbc Bank Nevada Na 2877 Paradise Rd Unit 30 Las Vegas, NV Hsbc Bank Nevada Na 2877 Paradise Rd Unit 30 Las Vegas, NV IRS PO. Box 9019 Holtsville, NY IRS PO. Box 9019 Holtsville, NY Montana Del Mar 8130 LA Mesa BLVD #93 La Mesa, CA Montana Del Mar 8130 LA Mesa BLVD #93 La Mesa, CA 91941

5 Document Page 5 of 5 Philip X. Murray 655 Summer Street Boston, MA Philip X. Murray 655 Summer Street Boston, MA Sonja Glavina E. Groveland Road Beachwood, OH Sonja Glavina E. Groveland Road Beachwood, OH Steven C. Demeter 27 Smiths Point Road Steven C. Demeter 27 Smiths Point Road /s/ Anthony Rozzi Anthony Rozzi The Law Offices of Anthony Rozzi 21 Wingate St. Suite 104 Haverhill, MA Fax: Anthony@rozzilaw.com